Agenda of Council Meeting

Council Meeting Agenda 20 June 2019

MINUTES OF Central Hawkes Bay District Council
Council Meeting
HELD AT THE CHB Municipal Theatre, 18 Kenilworth St, Waipawa
ON Thursday, 23 May 2019 AT 9.00am

PRESENT: Mayor Alex Walker

Cr Ian Sharp (Deputy Mayor)

Cr Shelley Burne-Field

Cr Kelly Annand

Cr Tim Aitken

Cr Tim Chote

Cr Gerard Minehan

Cr Brent Muggeridge

Cr David Tennent

Dr Roger Maaka

IN ATTENDANCE: Joshua Lloyd (Group Manager, Community Infrastructure and Development)

Bronda Smith (Group Manager, Corporate Support and Services)

Doug Tate (Group Manager, Customer and Community Partnerships)

Nicola Bousfield (People and Capability Manager)

Leigh Collecutt (Governance and Support Officer)

Kim Parker (Communications Manager)

Kyra Low (Finance Manager)

6 Members of the public were in attendance at the commencement of the meeting. A number of people came and went throughout the meeting.

1 Prayer

Dr Maaka opened the meeting with a karakia

2 Apologies

Cr Chote was previously granted a leave of absence at the Council meeting held 10^th April. Cr Chote was briefly in attendance at the meeting as an observer.

3 Declarations of Conflicts of Interest

No conflicts of interest were declared.

4 Standing Orders

Resolved: 19.27

Moved: Cr Ian Sharp

Seconded: Cr Kelly Annand

THAT the following standing orders are suspended for the duration of the meeting:

20.2 Time limits on speakers

20.5 Members may speak only once

20.6 Limits on number of speakers

And that Option C under section 21 General procedures for speaking and moving motions be used for the meeting.

Standing orders are recommended to be suspended to enable members to engage in discussion in a free and frank manner.

Carried

Mayor Walker provided a reminder of standing orders around speaking rights for members of the public and the rules of debate for Councillors.

5 Confirmation of Minutes

Resolved: 19.28

Moved: Cr Shelley Burne-Field

Seconded: Cr Gerard Minehan

That the minutes of the Ordinary Council Meeting held on 9 May 2019 as circulated, be confirmed as true and correct.

Carried

6 Reports from Committees

Nil

7 Report Section

7.1 Deliberations - Annual Plan 2019/2020 - Management Overview

PURPOSE

The purpose of this report is to present to Council for deliberation a management overview and issues identified since the adoption of the Annual Plan Consultation Document and Supporting Information.

Recommendation

That having considered all matters raised in the report:

a) That Council note the changes requested to the 2019/2020 Annual Plan budget, which will be included in the Annual Plan 2019/2020 that is presented for adoption on 20^th June 2019.

Motion

Moved: Cr David Tennent

Seconded: Cr Ian Sharp

That Council note the changes requested to the 2019/2020 Annual Plan budget, and that topics 2, 3, 5 and 6 are approved with the decision on topic 1 and topic 4 to be deferred to a further meeting between now and 20^th June and topic 2 is funded over ten years rather than five.

CARRIED

Amendment

Moved: Cr Shelley Burne-Field

Seconded: Cr Gerard Minehan

That topic two for LiDAR funding be reduced to $50,000.

In Favour: Crs Shelley Burne-Field and Gerard Minehan

Against: Crs Alex Walker, Ian Sharp, Kelly Annand, Tim Aitken, Brent Muggeridge and David Tennent

lost 2/6

Cr Tennent indicated his concern about the significant increases being proposed and asked that each topic in the report be covered separately to ensure clarity.

Topic One: Three Waters compliance

Cr Annand sought clarification about how this would fit in with the regional and national three waters reviews. Officers confirmed that the final report for the regional 3 waters review would be presented to regional Chief Executives the week following the meeting and at that stage would be in a better position to update elected members.

Cr Annand sought clarification about what the consequences would be if the Council waited for an outcome from these reviews. Officers confirmed that there was a potential risk of prosecution and enforcement for not meeting the required standards for water compliance. It was also confirmed that it was necessary to prepare budgets appropriately given the length of time the programme would likely take to come to a resolution.

Cr Minehan asked whether other Councils around the country found themselves in a similar situation

Officers confirmed that this was a national issue.

Cr Muggeridge sought clarification about whether the Council could defer any capex programmes to soften the rates impact.

Officers indicated that this was high risk because there had been a number of projects previously deferred which needed doing. It was also raised that there had been clear feedback from the community that progressing water projects was a priority.

Cr Sharp asked whether the Council could advocate to Central Government to consider the impact continued regulation has on rates.

Mrs Davidson acknowledged that the reason the reform programme was put in place was to address these affordability issues.

Topic two LiDAR:

Cr Sharp sought clarification on how funding was being split for this project.

It was confirmed that Hawke’s Bay Regional Council had set $300,000 in their LTP budget for year two. Central Hawke’s Bay and Wairoa District Councils were to pay $100,000 each and $550,000 was to be shared between Napier City and Hastings District Councils.

Cr Tennent raised concerns about the regional split amounts.

Cr Sharp asked if the rating impact could be reduced by extending the 5 year loan to a 20 year loan given benefit would continue into future. Mrs Smith indicated that 10 years would be possible but that 20 years would be too long a period of time to extend the loan for.

Cr Aitken sought clarification about whether any cost benefit analysis had been done.

Officers confirmed that there would be significant benefit including improved asset management modelling.

Topic three: Elected Member remuneration

Cr Minehan sought clarification about whether it was a legal requirement to increase elected members’ remuneration amounts. Officers confirmed that it was a requirement through the Remuneration Authority Determination and that the organisation was legally required to pay gazetted amounts.

Topic four: Community Trust Request for Funding

Cr Aitken sought clarification about why the trust could not seek other ways of increasing its income.

Cr Sharp highlighted his support for the facility and sought clarification about whether the insurance included the stadium or just the pool? It was confirmed that the insurance was only for the pool complex.

Cr Burne-Field sought clarification about whether other funding opportunities had been explored and whether the Council could offer insurance for a lower price.

Officers confirmed that the trust currently had no other funding avenues available to meet these costs. Mrs Smith highlighted that the trust had previously been part of Council’s insurance package but had sought to get insurance independently.

Cr Sharp spoke to the motion that he would like to see some increased transparency about the running of the community trust and the way it functions.

Cr Aitken also requested that additional information was provided regarding the CHB Community Trust’s finances.

Topic five: Addressing Deficiencies in Council’s Emergency Management Preparedness

Cr Aitken sought clarification about whether alternative technology was available which would suit the purpose. Officers confirmed that the cost of alternative technology would not be viable.

Mrs Davidson also highlighted that this preparedness was necessary to ensure business continuity to run the Emergency Operations Centre and still be able to operate the Council’s business as usual.

Cr Burne-Field asked where the existing 27 radios in the district were located and raised concern that there were only 7 across a wide area. Officers confirmed that analysis had been undertaken which took into account the risk of losing communication with key areas of the district.

Cr Annand sought clarification about regional versus district emergency funding.

Officers confirmed that service delivery was a regional function and cost but that local Councils are still legally required to provide base infrastructure.

Cr Sharp sought clarification about what the ongoing servicing costs be to keep up to date. Officers confirmed that this had already been budgeted for.

Topic Six Building Control Fees and Charges

Cr Tennent sought clarification about whether recovery rates would change for consents.

Officers confirmed that they would not change. However it was noted that revenue targets were currently under budget and that the proposed changes to the fees schedule could assist in meeting those targets.

Cr Burne-Field noted her objection to the inclusion of Topic 6 in the motion.

Further discussion relating to motion:

Officers provided advice around what the implications would be of deferring topic 1 – water compliance and topic 4 – CHB Community trust funding in terms of striking the rates for the annual plan. In order for Councillors to receive the information needed to make a decision on these items an extraordinary meeting would need to be called before the adoption date of 20^th June.

Meeting suspended 10.44am for morning tea

Meeting reconvened at 11.00am

7.2 Deliberations - Annual Plan 2019/20 - #the even bigger water story

PURPOSE

The purpose of this report is to present to Council the submissions received on the Annual Plan consultation in relation to whether the Council should provide a suspensory loan to Water Holdings CHB for the purpose of exploring and assessing workable options to achieve water security.

Recommendation

That, having considered all matters raised in the report that Council deliberate to determine their preferred option.

Motion

Moved: Mayor Alex Walker

Seconded: Cr Tim Aitken

That security of access to water is a significant issue for Central Hawke’s Bay and that water storage is an important part of a package of solutions.

CARRIED

Motion

Moved: Cr Brent Muggeridge

Seconded: Cr Tim Aitken

That Council agree in principle to provide a suspensory loan to Water Holdings CHB Limited of up to $250,000.00

That the chief executive be delegated authority to negotiate a draft services agreement with Water Holdings CHB limited which includes key terms and conditions to bring back to council for further consideration.

That the draft services agreement which includes key terms and conditions include provisions for a staged approach to the funding with a high level of checks and balances.

In Favour: Crs Tim Aitken and Brent Muggeridge

Against: Crs Alex Walker, Ian Sharp, Shelley Burne-Field, Kelly Annand, Gerard Minehan and David Tennent

MOTION LOST

Motion

Moved: Mayor Alex Walker

Seconded: Cr David Tennent

a) That $250k from the rural reserve fund is tagged for supporting water security initiatives in Central Hawke’s Bay.

b) That council supports a collaborative approach at both a local and regional level for development of water security initiatives.

c) That council requests staff bring back a framework which includes further information on the potential role of Central Hawke’s Bay District Council together with Water Holdings CHB, HBRC and the Tukituki taskforce, for understanding issues of water security and creating a local package of solutions.

CARRIED

Cr Muggeridge highlighted that the $250,000 requested was money for research and development of water storage solutions, not to build a dam. He noted that Water Holdings CHB was simply a vehicle for a water security conversation to take place.

Cr Aitken highlighted the benefit of exploring options available and that a public/private partnership opportunity would be needed to do this. Cr Aitken was supportive of the Chief Executive coming back with further reporting and the expected funding milestones which would need to be demonstrated.

Cr Tennent agreed with the initial motion from Mayor Walker about the impact of water security but raised concern with the potential of revisiting the dam.

Mayor Walker raised that she would not support the motion from Cr Muggeridge because of the need for a wider conversation about water security and how it fits with other initiatives in the district.

Mayor Walker provided an additional motion.

Speaking in support of this motion, Mayor Walker highlighted that it was important to provide a funding platform which would help conversations in the district to take place about what community priorities are. Mayor Walker raised that it was vital to address wide community outcomes with the funding, not commercial outcomes. She noted that there was commitment and passion about water in the community and felt it was important the community should have an opportunity to be considered and heard.

In seconding the motion, Cr Tennent raised that this was an excellent way forward and acknowledged submitters who were concerned about tying all funds in with one entity. Cr Tennent raised the importance of the Council demonstrating its desire to do something to address the water security issue. He also acknowledged Water Holdings CHB and wanted to ensure they would be involved in ongoing discussions.

Cr Aitken and Cr Minehan spoke in support of the motion given the broader view to explore other options.

Cr Burne-Field highlighted the importance of building trust back in the community, given how divisive the issue of water storage issue has been. Cr Burne-Field raised some concern over the dollar amount still being high but was in support of the motion.

Cr Sharp supported the motion and acknowledged Water Holdings CHB for the role they had played in initiating the conversation.

Cr Annand supported a collaborative approach and raised the importance of maintaining momentum and action.

Mayor Walker acknowledged the importance of community healing and about needing to move forward without being on opposite sides of equation. Mayor Walker also agreed with Cr Annand that there was a need to be focussed to ensure some urgency around developing a framework.

Mayor Walker recognised of the value of the leadership Water Holdings CHB had demonstrated by purchasing the IP for the benefit of the community. She highlighted that they were an important partner in the framework but in a wider context.

Mayor Walker also thanked submitters for their valuable input.

3 Deliberations - Annual Plan 2019/20 - Revenue and Financing Policy

PURPOSE

The purpose of this report is to present to Council for deliberation of the submissions received on the Annual Plan consultation in relation to proposed minor variations to the Council’s Revenue and Financing Policy.

Resolved: 19.29

Moved: Cr Ian Sharp

Seconded: Cr David Tennent

That, having considered all matters raised in the report:

a) That Council adopt the Revenue and Financing Policy as proposed.

Carried

Cr Sharp raised the point that the variations needed to happen, otherwise the Council would be going over the rate affordability index for some people.

Cr Tennent highlighted that this was a pragmatic option, though noting some concerns with spreading activities to the general rate from the UAGC.

Cr Aitken spoke against the motion. His concern was that the governance and leadership activity should be allocated to the UAGC.

Mayor Walker spoke in support of the motion, given the current crisis in the affordable property market.

Cr Sharp raised that this was the only fair system at this time.

7.4 Deliberations - Annual Plan 2019/20 - Finance

PURPOSE

The purpose of this report is to present to Council the submissions received on the Annual Plan consultation in relation to Finance.

RecommendationS

That having considered all matters raised in the report:

Motion

Moved: Cr Ian Sharp

Seconded: Cr Shelley Burne-Field

That funding for Ongaonga Historical Society is increased to $4,000 each year as a grant for mowing and this year’s increase is funded out of interest from the Rural Reserve Fund.

CARRIED

Motion

Moved: Cr David Tennent

Seconded: Cr Brent Muggeridge

That Council continues to invest in our facilities in CHB to allow us to act as a feeder to the Regional Programme but are fully in support of the trust’s initiatives.

CARRIED

Motion

Moved: Mayor Alex Walker

Seconded: Cr Tim Aitken

That Biodiversity Hawke’s Bay is granted funding of $10,000 for 2019/20 year to contribute to the biodiversity endowment fund and that funding comes from rural fire reserve fund.

CARRIED

Cr Sharp spoke in support of providing additional funding to Ongaonga Historical society as long as there was no rates impact and moved that this funding come from the rural reserve fund.

Cr Tennent raised that the Council could not afford to provide $20,000 to the Hawke’s Bay Community Fitness Trust at this time but fully supported the objectives of the facility.

Mayor Walker agreed that the facility is an outstanding investment in the health and wellbeing of people of Hawke’s Bay, but that the council needed to focus on Central Hawke’s Bay facilities at this time.

Cr Annand acknowledged Sir Graeme’s commitment to making the facility happen.

7.5 Deliberations - Annual Plan 2019/20 - Environment

PURPOSE

The purpose of this report is to present to Council the submissions received on the Annual Plan consultation in relation to Environmental matters.

Resolved: 19.30

Moved: Cr Ian Sharp

Seconded: Cr Brent Muggeridge

That having considered all matters raised in the report;

a) That submitters’ comments are noted, with no specific recommendation necessary with regard to the Annual Plan 2019/2020.

Carried

Cr Tennent highlighted that maintenance of rural roads is done on a request for service basis and sought that this was communicated to the community. He raised that Council can’t afford to do it all and have to prioritise wisely.

Cr Muggeridge sought clarification about whether people received individual communications around maintenance of rural roads.

Officers confirmed that this was the case but also considered that there was an opportunity to do it better.

7.6 Deliberations - Annual Plan 2019/20 - Community

PURPOSE

The purpose of this report is to present to Council the submissions received on the Annual Plan consultation in relation to Community activities.

Resolved: 19.31

Moved: Cr Ian Sharp

Seconded: Cr Gerard Minehan

That having considered all matters raised in the report:

a) That the provision of a new toilet at Whangaehu be considered as part of the Long Term Plan 2021-31;

Carried

Resolved: 19.32

Moved: Cr Ian Sharp

Seconded: Cr Shelley Burne-Field

That having considered all matters raised in the report:

a) That the points raised in submission 123 for the landscaping of Abercrombie Street, Porangahau, are considered as part the community plan, for consideration as part of the 2021-31 Long Term Plan review;

Carried

Resolved: 19.33

Moved: Cr Tim Aitken

Seconded: Cr Brent Muggeridge

That having considered all matters raised in the report:

a) That Officers work with the Porangahau Community as part of their community planning process to determine the most appropriate location for a netball/tennis court in Porangahau, for consideration as part of the Annual Plan 2020/21 process;

Carried

Resolved: 19.34

Moved: Cr Ian Sharp

Seconded: Cr Kelly Annand

That having considered all matters raised in the report:

a) That Officers work with Forest and Bird to understand local priorities and opportunities for Lindsay bush for consideration as part of the Long Term Plan 2021-31

Carried

7.7 Deliberations - Annual Plan 2019/20 - The Establishment of a Disaster Relief Fund Trust

PURPOSE

The purpose of this report is to present to Council for deliberation the submissions received on the Annual Plan consultation in relation to the proposal to establish a Disaster Relief Fund Trust.

Resolved: 19.35

Moved: Mayor Alex Walker

Seconded: Cr Kelly Annand

That having considered all matters raised in the report:

a) Council approves the establishment of a Disaster Relief Fund Trust as a Council Controlled Organisation under the Local Government Act.

Carried

Meeting was suspended at 12.52pm for lunch

Meeting reconvened at 1.34pm

7.8 Deliberations - Annual Plan 2019/20 - Draft Environmental and Sustainability Strategy

PURPOSE

The purpose of this report is to present to Council the submissions received on the Annual Plan consultation in relation to the draft Environmental and Sustainability Strategy.

Resolved: 19.36

Moved: Cr Gerard Minehan

Seconded: Cr Kelly Annand

That, having considered all matters raised in the report;

a) That Council adopt the Environmental and Sustainability Strategy and

b) That Council consider future funding requirements to implement the Environmental and Sustainability Strategy as part of the Annual Plan 2020/21

Carried

Cr Minehan highlighted that the strategy aligned very well with the values of the solid waste minimisation reference group.

Cr Sharp congratulated Council in the development of the strategy and was pleased that Council could use the document as a lens for further policy development.

Mayor Walker highlighted that the strategy helped the Council to articulate its role in managing its impact on the environment.

7.9 Deliberations - Annual Plan 2019/20 - Governance and Leadership

PURPOSE

The purpose of this report is to present to Council submissions received in relation to Governance and Leadership activities

Resolved: 19.37

Moved: Cr Shelley Burne-Field

Seconded: Cr Gerard Minehan

That having considered all matters raised in the report;

a) That submitters’ comments are noted, with no specific recommendation necessary with regard to the Annual Plan 2019/20.

Carried

Items 7.11 and 7.12 were considered prior to item 7.10

7.10 Quarterly Financial Reporting for March 2019

PURPOSE

Provide Council with a summary of Council's third quarter financial performance for the 2018/19 financial year.

Resolved: 19.38

Moved: Cr David Tennent

Seconded: Cr Tim Aitken

That, having considered all matters raised in the report, the report on Council's third quarter financial performance for the 2018/19 financial year be noted.

Carried

7.11 Deliberations - Annual Plan 2019/20 - Proposed Dog Pound

PURPOSE

The purpose of this report is to present to Council for deliberation the proposed options for the issues identified since the adoption of the Annual Plan Consultation Document and Supporting Information in regards to the development of the Dog Pound for Central Hawke’s Bay.

Resolved: 19.39

Moved: Cr David Tennent

Seconded: Cr Tim Aitken

That having considered all matters raised in the report:

a) That Council approve additional capital expenditure of $297,000 in the 2019/20 for the development of a pound facility in Central Hawke’s Bay; and further:

b) That a report is brought back to Council on the proposed new pound, prior to any capital expenditure commencing.

In Favour: Crs Alex Walker, Ian Sharp, Tim Aitken, Gerard Minehan and David Tennent

Against: Crs Shelley Burne-Field and Kelly Annand

Abstained: Cr Brent Muggeridge

carried 5/2

Carried

Mayor Walker Sought clarification about what the rates impact would be to develop a pound facility.

Officers confirmed that they were proposing no rates increase. The first year would be debt funded and subsequent years be recovered in Animal Control Fees and Charges.

Cr Burne-Field sought clarification about whether we had been asked to vacate the current pound.

Officers confirmed that notice had been given that no ongoing provisions would be made for a Council pound facility.

Cr Aitken sought clarification about numbers of dogs impounded each year.

Officers confirmed that this was 25 in the 2^nd quarter of the financial year.

Cr Tennent moved the recommendation and spoke in support of the motion, though raised concerns that MPI and the SPCA needed to be made aware of the rating impact and the cost to the community.

Cr Aitken seconded the motion but highlighted that he did so reluctantly. Cr Aitken and Cr Sharp both raised concerns about the requirements from the Ministry of Primary Industries (MPI) without consideration given for how to fund them.

Cr Burne-Field asked whether another report could come back about what the facility would actually look like and requested that a holding facility was considered rather than full of facility.

Cr Minehan – agreed with Cr Burne-Field regarding a potential holding facility.

Mayor Walker and Cr Annand sought clarification from officers about what the implications would be for the Council if funding was not allocated. Officers confirmed there were potential fines and exposure to Council being prosecuted. It was raised that the reason for raising the issue at this time, was to prevent further implications for next year’s Annual Plan.

Cr Annand spoke against the motion and requested that officers work with SPCA to understand their strategic direction for Central Hawke’s Bay.

Cr Sharp noted that Council’s decision had been forced by new regulations and that the Council could not be exposed to legal action so he was forced to support the recommendation but wanted his objection noted.

Cr Aitken requested that the Mayor and Chief Executive write a letter to SPCA and MPI stating the Council’s objections to the new regulations.

7.12 Implementation of Dust Suppression Policy

PURPOSE

The purpose of the report is for Council to consider the options to expedite the implementation of the Dust Suppression Policy.

Resolved: 19.40

Moved: Cr Shelley Burne-Field

Seconded: Cr Brent Muggeridge

That, having considered all matters raised in the report that Council deliberate to determine their preferred option.

Motion

Moved: Cr Shelley Burne-Field

Seconded: Cr Brent Muggeridge

a) That Council approve targeting external funding through the creation of business cases to support investment in sealing to control dust by reallocating $50,000 from existing carry forward budgets

b) That Council reprioritise $200,000 of the existing Land Transport budget/work programme to contribute to sealing of roads to control dust if required.

Carried

Cr Tennent sought clarification about whether NZTA would look at funding sealing of a road based on the number of houses the road services.

Officers confirmed that the NZTA criteria for dust suppression was prescriptive and had previously not applied to particular roads in the district needing to be sealed. However it was noted that if business cases were prepared that there could be potential for some roads to be considered in the future.

Mayor Walker sought clarification about what the implications might be if Council were to reprioritise land transport funds. Officers confirmed that this could mean that some work would be carried over to next year.

Cr Burne-Field moved both option 2 and option 4 from the officer’s report.

Cr Muggeridge was in support of motion as it provided some ability to progress a longstanding issue.

Cr Tennent raised concerns with reprioritising land transport budgets given that some submitters to the Annual Plan had raised concerns about the condition of rural roads.

Mayor Walker raised that the Long Term Plan may need to happen earlier than planned due to Wastewater requirements. Mayor Walker indicated that this could provide scope to clearly outline expected levels of service for land transport.

8 Chief Executive Report

Nil

9 Public Excluded Business

Nil

10 Date of Next Meeting

Resolved: 19.1

Moved: Mayor Alex Walker

Seconded: Cr Brent Muggeridge

THAT the next meeting of the Central Hawke's Bay District Council be held on 30 May 2019.

Carried

11 Time of Closure

The Meeting closed at 2.56pm.

The minutes of this meeting were confirmed at the Council Meeting held on 20 June 2019.

...................................................

CHAIRPERSON


RECOMMENDATION for consideration That having considered all matters raised in the report: In regards to the Annual Plan 2019/20 Council resolves to a) Adopt the Annual Plan 2019/20 in accordance with section 95 of the Local Government Act 2002. b) Delegate responsibility to the Chief Executive to approve the final edits required to the Annual Plan in order to finalise the documents for printing and distribution.
Significance	This matter is assessed as being critical
Options	This report identifies and assesses the following reasonably practicable options for addressing the matter: 1. In regards to the Annual Plan 2019/20 Council resolves to a. Adopt the Annual Plan 2019/20 in accordance with section 95 of the Local Government Act 2002. b. Delegate responsibility to the Chief Executive to approve the final edits required to the Annual Plan in order to finalise the documents for printing and distribution. 2. Council resolves to not adopt the Annual Plan 2019/20 and to give Officers guidance on which amendments were needed and an amended timeframe related to adoption of the Annual Plan would be required.
Affected persons	The persons who are affected by or interested in this matter are the community of Central Hawke’s Bay District.
Recommendation	This report recommends option 1 for addressing the matter.
Long-Term Plan / Annual Plan Implications	The Annual Plan sets the direction and budgets for the Council for the next year along with Year 2 of the Long Term Plan 2018-28.
Significant Policy and Plan Inconsistencies	There are no proposed significant inconsistences with existing policies or plans.


Significance	This matter is assessed as being significant
Options	This report identifies and assesses the following reasonably practicable options for addressing the matter: 1. That the Fees and Charges for the financial year dated 2019/20 as set out in Attachment A excluding Animal Control Fees be approved. 2. Retain the current fee structure.
Affected persons	The persons who are affected by or interested in this matter are the community of Central Hawkes Bay District Council.
Recommendation	This report recommends option 1 for addressing the matter.
Long-Term Plan / Annual Plan Implications	The Fees and Charges are a material component of the revenue of Council and therefore have an implication for being able to meet the Long Term Plan budgets if the current fee structure is maintained.
Significant Policy and Plan Inconsistencies	No

Council Meeting Agenda 20 June 2019

Schedule of Fees and Charges

Leadership and Governance Group

There are no applicable charges in this activity area.

Planning and Regulatory Group

Resource Management	excl GST	GST	incl GST
Notes: § Pursuant to Section 36, 36(1) and 36(3) of the Resource Management Act 1991, Council may require the person who is liable to pay one or more of the below charges, to also pay an additional charge to recover actual and reasonable costs in respect of the matter concerned. § These set fees relate to the minimum administration charge only. The actual fee payable includes the cost of time taken to process each application, memorandum, consent, certificate or schedule and the cost of the inspections required. § Extra charges will be applicable for development levies. These will be assessed on a case by case basis. Please contact Council for exact costs.
Land Use and Subdivision Consents
Notified Applications (Deposit)	$3,478.26	$521.74	$4,000.00
Non Notified Applications (Deposit)	$869.57	$130.43	$1000.00
Deemed Permitted Boundary Activity (s87AAB)	$156.52	$23.48	$180.00
Fast-Track Application (s87AAC) (Deposit)	$695.65	$104.35	$800.00
Variation of Conditions of Consents (s127)(Deposit)	$869.57	$130.43	$1000.00
Extension of Time Application (s125) (Deposit)	$695.65	$104.35	$800.00
Certificate of Compliance (s139) (Deposit)	$521.74	$78.26	$600.00
ROW application (S348 LGA)	$869.57	$130.43	$1000.00
Bond Administration Fee	$130.43	$19.57	$150.00
Inspection Fee – Zone 1	$173.91	$26.09	$200.00
Inspection Fee – Zone 2	$182.61	$27.39	$210.00
Inspection Fee – Zone 3	$200.00	$30.00	$230.00
Inspection Fee – Zone 4	$226.09	$33.91	$260.00
Inspection Fee – Outside Zone 4	$260.87	$39.13	$300.00
Travel Costs (per km)	$0.87	$0.13	$1.00
Sale of Liquor Certificate (RMA)	$86.96	$13.04	$100.00
Objection of RMA decisions (Section 357)	$869.57	$130.43	$1,000.00
Subdivisions
Subdivision Consents 1-8 Lots (Deposit)	$1,043.48	$156.52	$1,200.00
Subdivision Consents more than 8 Lots (Deposit)	$2,086.96	$313.04	$2,400.00
Subdivision Compliance Fee (section 223 and/or 224 Resource Management Act 1991)	$347.83	$52.17	$400.00
Subdivision Compliance Fee (section 223 and/or 224 Resource Management Act 1991) - more than 10 lots	$1,304.35	$195.65	$1,500.00
Consent Notices and miscellaneous subdivision documents (ie: Deamalgamation Certification s241(3), Cancellation of Easement s243(e ), Certificate Confirming Allotments s226(e )(ii)	$130.43	$19.57	$150.00
Bundled Consents
Combined Land Use and Subdivision Consent (Deposit)	$1,739.13	$260.87	$2,000.00
Monitoring and Compliance
Monitoring fee (per hour)	$139.13	$20.87	$160.00
Engineering Plan Approval	Actual and reasonable costs
Chargeout Rates per Hour
Administration	$113.04	$16.96	$130.00
Planner, compliance and monitoring	$139.13	$20.87	$160.00
Senior Planner	$147.83	$22.17	$170.00
Manager, Team Leader and Engineers	$165.22	$24.78	$190.00
Administrative Charges
Supply of documents	Photocopying costs
District Plan Charges
Private District Plan Change (Deposit)	$13,043.48	$1,956.52	$15,000.00
Designations and heritage orders (New and alterations) (deposit)	$1,304.35	$195.65	$1,500.00
District Plan (including Planning Maps) Hardcopy	Actual and reasonable costs
District Plan (including Planning Maps) Electronic	$43.48	$6.52	$50.00
Sec 224 12 Month Maintenance Bond for subdivision works equal to 5% of the cost of the construction works.

Building Consents

NOTES: § Building consent deposit payable on application. § The actual fee payable includes the cost of time taken to process each application, project information memorandum, building consent or compliance schedule and the cost of the inspections required. § Extra charges will be applicable for development levies. These will be assessed on a case by case basis. Please contact Council for exact costs. § Deposits are based on adequate documentation being provided to Council at the time of application and a set number of inspections. Further charges will be incurred should further work be required during processing and issuing consent or should extra inspections be required. § It is anticipated that the scheduled deposit will cover some of Council's actual and reasonable expenses. Where additional costs are incurred, the applicant will be charged accordingly. Where, upon issue of a Code of Compliance Certificate, the deposit is found to exceed the actual and reasonable cost, a refund will be made. § Building Research Association and Department of Building and Housing levies are additional to the above at the Rates specified from time to time by the Association. § Pursuant to Building Research Association Legislation, materials, labour and plant costs must be included in the total value of building work for the calculation of levies. § The accreditation fee is to cover continuing Central Government accreditation costs relating to the Building Act 2004.
Consent Fees	excl GST		GST		incl GST
Solid Fuel Burner – Free Standing (including accreditation fee) (deposit) plus travel fees	$226.09		$33.91		$260.00
Solid Fuel Burner – In Built (including accreditation fee) (deposit) plus travel fees	$308.70		$46.30		$355.00
Marquee Consent / Inspection Fee	$156.52		$23.48		$180.00
Minor plumbing and drainage works including new connections, replacement septic tanks and effluent fields, demolition work and swimming pool fences (deposit)	$330.43		$49.57		$380.00
Additions and alterations or similar building works up to value of $50,000 (deposit)	$608.70		$91.30		$700.00
Dwellings, commercial/industrial buildings and building alterations, repiling and in ground pools (deposit)	$1,043.48		$156.52		$1,200.00
Pole Barn / Garage / Carport / Conservatory under $20,000 (deposit)	$678.26		$101.74		$780.00
Semi-Permanent Awnings		$130.43		$19.57		$150.00
Amendment to building consent (deposit)		$434.78		$65.22		$500.00

Administrative Charges	excl GST	GST	incl GST
Administration Fee – under $20,000	$242.52	$36.38	$278.90
Administration Fee – over $20,000	$449.13	$67.37	$516.50
Administration Fee – over $100,000 and commercial buildings	$628.78	$94.32	$723.10
Issue of Compliance Schedule	$234.78	$35.22	$270.00
Compliance Schedules charge per specified system	$8.70	$1.30	$10.00
Non Consent Compliance Schedules / Warrant of Fitness check (per specified system) hourly rate	$139.13	$20.87	$160.00
Building Warrant of Fitness Administration Fee	$130.43	$19.57	$150.00
Inspection Fee – Zone 1	$173.91	$26.09	$200.00
Inspection Fee – Zone 2	$182.61	$27.39	$210.00
Inspection Fee – Zone 3	$200.00	$30.00	$230.00
Inspection Fee – Zone 4	$226.09	$33.91	$260.00
Inspection Fee – Outside Zone 4	$260.87	$39.13	$300.00
Re-Inspection Fee	As per Zone Fee
Inspections for which no other fee has been paid (mileage will be charged for inspections outside the district) - eg effluent system subdivision inspections	$260.87	$39.13	$300.00
BRANZ and MBIE Levy	Actual cost
Section 72 administration (Building subject to natural hazards)	$347.83	$52.17	$400.00
Section 75 administration and Certification (Building across 2 or more allotments)	$347.83	$52.17	$400.00
Central Government Accreditation Recovery Fee – under $20,000	$30.43	$4.57	$35.00
Central Government Accreditation Recovery Fee – under $100,000	$60.87	$9.13	$70.00
Central Government Accreditation Recovery Fee – over $100,000	$108.70	$16.30	$125.00
Central Government Accreditation Recovery Fee – Commercial	$160.87	$24.13	$185.00
Hourly Charge Out Rate - Administration	$113.04	$16.96	$130.00
Hourly Charge Out/Processing Rate - Building Consent Officer/Monitoring and Compliance	$143.48	$21.52	$165.00
Hourly Charge Out Rate - Plan check of building consent	$143.48	$21.52	$165.00
Hourly Charge Out Rate - Pre-lodge of building consent	$143.48	$21.52	$165.00
Hourly Charge Out/Processing Rate - Building Control Team Lead	$165.22	$24.78	$190.00
Simpli Consent Fee	Actual Cost – to be set by Simpli based on building cost
GoGet Administration Fee - all consents	$43.48	$6.52	$50.00
Travel Costs (per km)	$0.87	$0.13	$1.00
Peer review of engineering reports	Actual Cost
Property File Request	$30.43	$4.57	$35.00

GIS Map Information		excl GST	GST	incl GST
Every Day Map Requests (No Photograph) – Note – A request that involves less than 15 minutes to produce
	A4	$8.70	$1.30	$10.00
	A3	$12.18	$1.82	$14.00
	A2	$21.74	$3.26	$25.00
	A1	$26.09	$3.91	$30.00
Every Day Map Requests (With Photograph) – Note – A request that involves less than 15 minutes to produce
	A4	$17.39	$2.61	$20.00
	A3	$24.35	$3.65	$28.00
	A2	$43.48	$6.52	$50.00
	A1	$52.18	$7.82	$60.00
Special Map Request Charges
Note: § Specialised maps are those which require new layers to be added, minor analysis work and/or specialised printing techniques. In addition to the printing charges outlined above there is a charge based on actual time taken plus any disbursements.
Hourly charge out rate		$139.13	$20.87	$160.00
Minimum charge for specialist maps		$65.22	$9.78	$75.00

Information Memoranda	excl GST	GST	incl GST
Property Information Memoranda	$313.04	$46.96	$360.00
Land Information Memoranda – ten (10) working days (Residential Property)	$286.96	$43.04	$330.00
Land Information Memoranda (Commercial)	$521.74	$78.26	$600.00
Certificate of Title	$30.43	$4.57	$35.00

Monitoring and Compliance	excl GST	GST	incl GST

Certificate of Public Use	$304.35	$45.65	$350.00
Certificate of Public Use	Plus actual and reasonable costs
Certificate of Acceptance	$434.78	$65.22	$500.00
Certificate of Acceptance	Plus actual and reasonable costs
Applications for Change of use of a building	$434.78	$65.22	$500.00
Applications for Change of use of a building	Plus actual and reasonable costs
Compliance Inspection for existing fence (deposit)	$173.92	$26.08	$200.00

Noise Complaints	excl GST	GST	incl GST
Note: § Pursuant to Section 36(1) and 36(3) of the Resource Management Act 1991, Council may require the person who is liable to pay one or more of the below charges, to also pay an additional charge to recover actual and reasonable costs in respect of the matter concerned.

Seizure charge for noise emission equipment	$173.92	$26.08	$200.00
Abatement Notice Fee	$52.18	$7.82	$60.00

Registration of Premises	excl GST	GST	incl GST

Annual Registration of Premises
Food premises / Food control plans	$347.83	$52.17	$400.00
Verification Fee- hourly rate	$130.43	$19.57	$150.00
Prepacked food only/low risk	$173.91	$26.09	$200.00
Re-inspection for failure to comply / failure of CAR hourly rate	$130.43	$19.57	$150.00
Offensive Trades: Operating under Schedule 3 of Health Act 1956	$173.91	$26.09	$200.00
Hairdressers Registration	$134.78	$20.22	$155.00
Camping Grounds	$173.91	$26.09	$200.00
Funeral Directors	$173.91	$26.09	$200.00
Animal Sale Yards	$173.91	$26.09	$200.00
Transfer of Registration	$86.96	$13.04	$100.00
Registration of event on public / open space (Small)	$65.22	$9.78	$75.00
Registration of event on public / open space (Medium / Large)	$130.43	$19.57	$150.00
Street tables and chairs	$173.91	$26.09	$200.00
Food Control Plan Registration	$173.91	$26.09	$200.00
National Programme Registration	$86.96	$13.04	$100.00
Food Control Plan Renewal	$86.96	$13.04	$100.00
National Programme Renewal	$65.22	$9.78	$75.00
Other Applications
Sale of Liquor Certificate (Building)	$65.22	$9.78	$75.00
Other Applications
Complaint driven investigation resulting in issue of improvement notice by food safety officer	$130.43	$19.57	$150.00
Application for review of issue of improvement notice	$130.43	$19.57	$150.00
Monitoring of food safety and suitability, i.e. at an event	$130.43	$19.57	$150.00

Liquor	excl GST	GST	incl GST
Note: § Fees set by Regulation under Sale and Supply of Alcohol Act 2012
Application Fees
Very low risk application	$320.00	$48.00	$368.00
Low risk application	$530.00	$79.50	$609.50
Medium risk application	$710.00	$106.50	$816.50
High risk application	$890.00	$133.50	$1,023.50
Very high risk application	$1,050.00	$157.50	$1,207.50
Annual Fees
Very low risk application	$140.00	$21.00	$161.00
Low risk application	$340.00	$51.00	$391.00
Medium risk application	$550.00	$82.50	$632.50
High risk application	$900.00	$135.00	$1,035.00
Very high risk application	$1,250.00	$187.50	$1,437.50
Special Licence Applications
Class 1 – 1 large event, more than 3 medium events or more than 12 small events	$500.00	$75.00	$575.00
Class 2 – 1 to 3 medium events or 3 to 12 small events	$180.00	$27.00	$207.00
Class 3 – 1 to 2 small events	$55.44	$8.31	$63.75
Other Applications
Managers Certificate Application	$275.00	$41.25	$316.25
Temporary Authority / Temporary Licence	$258.00	$38.70	$296.70
Permanent Club Charters annual fee	$550.00	$82.50	$632.50
Extract from registrar	$50.00	$7.50	$57.50
Sale of Liquor Certificate (Building)	$65.22	$9.78	$75.00
District Licensing Committee Costs	At actual costs

Hawkers, Pedlars, Itinerant Traders, Markets and Street Stalls	excl GST	GST	incl GST
Trading Licence (Public Places)
Hawker/Itinerant Trader License	$43.48	$6.52	$50.00
Lease/Rent of private land or buildings	$173.91	$26.09	$200.00
Markets – Event Organisers – seasonal	$65.22	$9.78	$75.00
Markets – Food Stall Holder – seasonal	$21.74	$3.26	$25.00
Street Stalls, Raffle Days, Street Collections - Non Commercial	No permit fee is required

Vehicle Stands	excl GST	GST	incl GST
Licences For Vehicle Stands On Streets (Omnibus and Taxicabs)
Application	$173.92	$26.08	$200.00
Annual Rental	$100.00	$15.00	$115.00

Amusement Devices and Shooting Galleries	excl GST	GST	incl GST
Note: § The Permit Fee for Amusement Devices is in addition to any Ground Rental etc that may be required.
Amusement Devices Permit Fees
For one device, for the first 7 days of proposed operation or part thereof	$8.70	$1.30	$10.00
For each additional device operated by the same owner, for the first 7 days or part thereof	$1.74	$0.26	$2.00
For each device for each further period of 7 days or part thereof	$0.87	$0.13	$1.00
Annual Fixed Amusement Facility	$86.96	$13.04	$100.00

Class 4 Gaming Licensing	excl GST	GST	incl GST
Note: § Pursuant to the Gambling Act 2003.
Application Fee	$217.39	$32.61	$250.00
License Inspection Fee	$130.43	$19.57	$150.00

Skateboard and Bicycle Confiscation	excl GST	GST	incl GST
Return of confiscated skateboards and bicycles	$43.48	$6.52	$50.00

Advertising Signs	excl GST	GST	incl GST
Hoardings and Signs
Application and Permit	As for resource consents
Annual Licence Fees (per m² or part thereof per month)	$1.74	$0.26	$2.00

Animal Control	excl GST	GST	incl GST
Early Payment Discount: A discount of $10.00 is only available for those registrations paid prior to 1^st July each year.
Note: § Proportionate fees apply for Dog Registration from 1^st August for all dogs legally required to be registered from that date and pups that turn 3 months of age after that date.
Dog Registration
Town Dogs	$95.65	$14.35	$110.00
Responsible Dog Owner	$65.22	$9.78	$75.00
Rural Dogs	$47.83	$7.17	$55.00
Responsible Dog Owner Property Inspection	$43.48	$6.52	$50.00
Pensioner / Gold Card Dog Owner	$32.17	$4.83	$37.00
Dangerous Dog	150% of the applicable registration category
Penalty for payment received after 1 August	$21.74	$3.26	$25.00
Dog Impounding
First impounding	$65.22	$9.78	$75.00
Second impounding	$78.26	$11.74	$90.00
Third impounding	$113.04	$16.96	$130.00
Daily charge	$13.91	$2.09	$16.00
After hours opening fee	$43.48	$6.52	$50.00
Other charges
Microchipping	$13.04	$1.96	$15.00
Replacement tags	$4.35	$0.65	$5.00
Collars – Large	$8.70	$1.30	$10.00
Collars – Small	$8.70	$1.30	$10.00

Ranging Charges
Note: § Pursuant to the Impounding Act 1955.
Staff attendance at incidents of stock on roads including State Highways (per hour)	$217.39	$32.61	$250.00
Travel Costs (per km)	$0.87	$0.13	$1.00
Minimum charge	$86.96	$13.04	$100.00

Impounding fees for stock (excluding dogs)	excl GST	GST	incl GST
Note: § Trespass rates shall be additional and as described in the Regulations to the Impounding Amendment Act 1980.
Impounding for every animal per day	$17.39	$2.61	$20.00
Sustenance for every animal per day	$13.91	$2.09	$16.00
Notice to owner by post or delivery	$13.04	$1.96	$15.00
Notice to owner by advertisement[s]	At cost
Transport to Pound [By transport operators or other]	At cost
Transport to Pound [By Council]	At cost
Transport to Pound [By droving]	At cost
Minimum charge for any impounding	$173.91	$26.09	$200.00
Minimum Charge for second and subsequent impounding of stock from same owner -additional fee.	$217.39	$32.61	$250.00

Bylaws and Compliance	excl GST	GST	incl GST
Attendance at bylaw breaches	$173.92	$26.08	$200.00
Travel Costs (per km)	$0.87	$0.13	$1.00
Minimum charge	$173.91	$26.09	$200.00

Land Transport Group

Vehicle Crossings	excl GST	GST	incl GST
Notes: § Vehicle crossings must be installed by a contractor approved by the Council. Council must approve the design and location of crossing prior to installation. Full cost must be paid by the applicant. § The applicant shall supply to the Council an estimate of the cost of the vehicle crossing along with a bond of 150% of the estimate prior to approval to construct being granted by the Council. The estimate must be not more than 30 days old and must be provided by a Contractor acceptable to Council. § Bond is refundable. § The vehicle crossing must be constructed within 12 months of being granted the approval to proceed or the Council will construct the crossing using the bond. § Extra charges will be applicable for development levies. These will be assessed on a case by case basis. Please contact Council for exact costs.
Administration Fee payable at time of Vehicle Crossing application	$178.34	$26.76	$205.10
Bond Administration Fee	$50.76	$7.61	$58.37

Plans and Consents	excl GST	GST	incl GST
Generic Traffic Management Plan (annual fee)	$1,396.96	$209.54	$1,606.50
Individual Traffic Management Plan	$86.96	$13.04	$100.00
Corridor Access Request	$173.91	$26.09	$200.00
Corridor Access Request with Traffic Management Plan	$347.83	$52.17	$400.00
Generic Overweight Permit	$217.39	$32.61	$250.00
Individual Overweight Permit	$130.43	$19.57	$150.00

Temporary Road Closure	excl GST	GST	incl GST
Application	$356.69	$53.50	$410.19
Road Inspection Staff (per inspection)	$232.83	$34.92	$267.75
Travel Costs (per km)	$0.93	$0.14	$1.07

Road Stopping	excl GST	GST	incl GST
Application	$1,620.47	$243.07	$1,863.54

Livestock Crossing Permit	excl GST	GST	incl GST
Application	$176.95	$26.54	$203.49

Licence to Occupy – Road Reserve	excl GST	GST	incl GST
Note: § Pursuant to section 150 of the Local Government Act 2002.
Application Fee	No Charge
Annual Licence Fee (up to one acre (4000m²))	No Charge
Annual Licence Fee (larger than one acre (4000m²))	No Charge

Solid Waste Group

NOTES: The following conditions apply to all trade refuse users of the landfill and transfer stations: § The disposal of Special wastes (as defined in the landfill management plan) at the landfill requires the Waste Generator to complete the “Special Waste Questionnaire” and “Waste Profile Declaration”. Special waste will be only accepted after Council’s approval of the application. § Hazardous waste, Prohibitive waste and Trade waste (as defined in Council’s Solid Waste Bylaw) will not be accepted at Council facilities. § Council will invoice commercial users at appropriate intervals. The assessment of volumes of refuse for charging will be based on the volume of refuse in the vehicle, not the compacted volume in the landfill. Council’s assessment of volumes will be final. § Unless agreed with Council NO truckloads of trade refuse or loads of clean fill greater than 0.2m³ will be accepted at the transfer stations. Such loads may be accepted at the landfill and will be charged for separately at the landfill charge. § Unless agreed with Council or the landfill operator no after hour access is allowed to the landfill or transfer stations. No keys to the landfill or transfer stations will be issued. Special/Difficult Refuse is waste that is bulky, lightweight or requiring immediate burying due to containing offensive odour, or is easily windblown, attractive to vermin, has health implications, contains asbestos, or as required by the Council or landfill operator. * based on $10/tonne Waste Levy contribution (excluding GST) and $20.65/tonne carbon credits (GST exempt). These prices are subject to change during the year based on third party pricing.
Refuse and Greenwaste	excl GST	Waste Min Levy	GST			Carbon credits		incl GST
Landfill (minimum charge of $60.00)
Standard Refuse (per tonne)	$120.00	$10.00*	$19.50			$20.65*		$170.15
Special/Difficult Refuse (per tonne)	Actual Costs of disposal (Min standard refuse rate charge)
Landfill Keg Tag Bond	$17.39	N/A	$2.61			N/A		$20.00
Landfill Admin Fee for Manual Dockets	$43.48	N/A	$6.52			N/A		$50.00

Transfer Station - Refuse		excl GST	Waste Min Levy		GST			incl GST
Car		$11.52	$0.65*		$1.83			$14.00
Van or ute with a contained load being either a Wheelie bin/drum/small wool sack/up to 2 bags		$11.52	$0.65*		$1.83			$14.00
Utilities and Vans		$21.03	$1.58*		$3.39			$26.00
Trailers up to 2.0m long up to 1m high		$21.03	$1.58*		$3.39			$26.00
Utilities and Trailers up to 2.0m loaded above 1m high (per 0.5m)		$11.52	$0.65*		$1.83			$14.00
Trailers up to 2.6m long up to 1m high		$31.64	$2.27*		$5.09			$39.00
Trailers up to 2.6m loaded above 1m high (per 0.5m)		$21.03	$1.58*		$3.39			$26.00
Trailers larger than above		Per cubic metre rate
Flat Deck Truck		Landfill or pre agreed measured m³ rate
Other Truck		Landfill or pre agreed measured m³ rate
Per cubic metre (compacted)		$69.57	$4.18*			$10.43		$80.00
Per cubic metre (not compacted)		$30.77		$2.27*			$4.96	$38.00
Weighed load at Transfer Station (incl. weigh fee)		$40.00 + per tonne fee
Vehicle and Trailer		Charged for both individually
Mixed loads		Charged at refuse rate
Television (old)		$19.13	N/A		$2.87			$22.00
Television (flat screen)		$15.65	N/A		$2.35			$18.00
Monitor (old)		$10.43	N/A		$1.57			$12.00
Monitor (new flat screen)		$12.17	N/A		$1.83			$14.00
Printer/Scanner (small)		$5.22	N/A		$0.78			$6.00
Printer/Scanner (large)		$43.48	N/A		$6.52			$50.00
Paint (up to 4 litre can)		$1.74	N/A		$0.26			$2.00
Paint (over 4 litre can)		$3.48	N/A		$0.52			$4.00
Whiteware (Fridges, freezers etc)		No Charge

Transfer Station – Greenwaste	excl GST	GST	incl GST
Car	$6.96	$1.04	$8.00
Wheelie bin/ drum/ small wool sack / up to 2 bags	$6.96	$1.04	$8.00
Utilities and Vans	$12.17	$1.83	$14.00
Trailers up to 2.0m long up to 1m high	$12.17	$1.83	$14.00
Utilities and Trailers up to 2.0m loaded above 1m high (per 0.5m)	$6.96	$1.04	$8.00
Trailers up to 2.6m long up to 1m high	$22.61	$3.39	$26.00
Trailers up to 2.6m loaded above 1m high (per 0.5m)	$12.17	$1.83	$14.00
Trailers larger than above	Per cubic metre rate
Flat Deck Truck	Measured m³ rate
Other Truck	Pre agreed m³ rate
Per cubic metre	$27.83	$4.17	$32.00
Vehicle and Trailer	Charged for both individually
Mixed loads	Charged at refuse rate

Tyre Disposal - All tyres are to be charged independently and are on top of other refuse charges.
Car	$6.09	$0.91	$7.00
Motorcycle	$3.48	$0.52	$4.00
4x4	$7.83	$1.17	$9.00
Truck	$10.43	$1.57	$12.00
Tractor	$30.43	$4.57	$35.00
Tyres on rims	2 x individual tyre charge
Refuse bags / Recycling bin Charges (Recommended Retail Price)
Refuse Bag – 35 litre	$1.65	$0.25	$1.90
Refuse Bag – 60 litre	$2.00	$0.30	$2.30
Recycling Bin	$19.13	$2.87	$22.00
Unauthorised dumping - Council will prosecute persons caught dumping rubbish unlawfully.
Staff time for investigating and clearing per hour	$108.70	$16.30	$125.00
Travel Costs (per km)	$0.87	$0.13	$1.00
Minimum Charge	$347.83	$52.17	$400.00

Water Services Group

Water Supply	excl GST	GST	incl GST
Charges for Water
Notes: § Extraordinary users may be charged by private arrangement with Council. § Quarterly water billing will apply for metered water users. § Extra charges will be applicable for development levies. These will be assessed on a case by case basis. Please contact Council for exact costs.
Tankered water (taken from standpipes) per m³	$3.28	$0.49	$3.77
*Note:* - for information only as this charge is a rate and is set as a rate
Water to metered properties per m³	$2.19	$0.33	$2.52
Common Charges
Note: § Water Connections from the Council main, to and including the toby and/or meter manifold must be installed by a contractor approved by Council for the installation of water connections, at the applicant’s expense.
Application fee	$114.78	$17.22	$132.00
Installation Administration fee	$173.91	$26.09	$200.00
Inspection fee	$114.78	$17.22	$132.00
Debt Recovery - hourly rate	$114.78	$17.22	$132.00
Restrictor Fee (Plus actual costs)	$114.78	$17.22	$132.00
Restrictor Fee (Plus actual costs)	Plus actual costs
Installation of testable Backflow Preventer	Contractors cost
Maintenance and Annual Testing Fees	Contractors cost
Disconnections and Reconnections	Contractors cost
Reconnection following Council imposed disconnection	Contractors cost
New Connections	Contractors cost

Wastewater (Sewerage) Group

Sewerage	excl GST	GST	incl GST
New Connections
Notes: § Sewerage connections must be installed by a contractor approved by the Council for the installation of sewerage connections. Connections at the applicant’s expense. § Extra charges will be applicable for development levies. These will be assessed on a case by case basis. Please contact Council for exact costs.
Application fee	$114.78	$17.22	$132.00
Installation Administration fee	$173.91	$26.09	$200.00
Inspection fee	$114.78	$17.22	$132.00
New Connections	Contractors cost
Disconnections and Reconnections	Contractors cost
Reconnection following Council imposed disconnection	Contractors cost
Existing Connections
Note: § Work and repair to existing connections to Council sewer main. All physical work associated with repair at applicant’s expense.
Inspection fee	$114.78	$17.22	$132.00

Discharge of Trade Waste
Note: § Charges for the discharge of Trade Waste and conditions thereof are recovered under the Central Hawke’s Bay District Council Trade Waste Bylaw 2006. The following charges are provided in Schedule 1D of the Bylaw.
B Trade Waste Charges
Category	Description		excl GST		GST	incl GST
B1 Volume	Payment based on the volume discharged $/m³
	Waipukurau		$0.22		$0.03	$0.25
	Waipawa		$0.22		$0.03	$0.25
B3 Suspended solids	Payment based on the mass of suspended solids $/kg
	Waipukurau ISS		$1.26		$0.19	$1.45
	VSS		$0.16		$0.02	$0.18
	Waipawa ISS		$1.62		$0.24	$1.86
	VSS		$0.22		$0.03	$0.25
B4 Organic loading	Biochemical oxygen demand or chemical oxygen demand $/kg.
	Waipukurau		$1.69		$0.25	$1.94
	Waipawa		$1.07		$0.16	$1.23
B5 Nitrogen	Payment based on the defined form(s) of nitrogen $/kg.
	Waipukurau		$2.52		$0.38	$2.90
	Waipawa		$2.25		$0.33	$2.58
B6 Phosphorous		Payment based on the defined form(s) of phosphorous $/kg.
		Waipukurau	$8.36		$1.26	$9.62
		Waipawa	$6.75		$1.01	$7.76
Tankered Waste Charges
Tankered Wastes ($/m³)				$0.020	$0.001	$0.021

Storm Water Group

Storm Water	excl GST	GST	incl GST
New Connections
Note: § Storm water connections must be installed by a contractor approved by the Council for installation of storm water connections. Connections at the applicant’s expense. § Connections to a Council piped stormwater sysem will incur an Installation Administration fee.
Application fee	$114.78	$17.22	$132.00
Inspection fee	$114.78	$17.22	$132.00
Installation Administration fee	$173.91	$26.09	$200.00
Existing Connections
Note: § Work and repair to existing connections to Council’s storm water drain, kerb and channel, or open drain. All physical work associated with repair at applicant’s expense.
Inspection fee	$114.78	$17.22	$132.00

Recreation and Community Facilities Group

Parks and Reserves	excl GST	GST	incl GST
Note: § Fees for Parks and Reserves are set and collected under the FM Contract.
Pourerere Beach Freedom Camping
Note: § For permits issued for a one week period between the 20th December and 6th February each summer. At all other times no fee applies.
Booking Administration Fee	$30.44	$4.56	$35.00

Library Charges		excl GST		GST		incl GST
Notes: § All residents of Central Hawke’s Bay have free membership.
Rental Books
Standard Free Issue		Free
Rental Book - Category A (4 weeks)		$0.87		$0.13		$1.00
Rental Book - Category B (4 weeks)		$0.78		$0.12		$0.90
Rental Book - Category C (4 weeks)		$0.70		$0.10		$0.80
Rental Book - Category D (4 weeks)		$0.61		$0.09		$0.70
Rental Book - Category E (4 weeks)		$0.52		$0.08		$0.60
Rental Book Automatic Renewal Fee - Where item not returned within issue period
Rental Book Renewal Fee - Category A (4 weeks)		$0.87		$0.13		$1.00
Rental Book Renewal Fee - Category B (4 weeks)		$0.78		$0.12		$0.90
Rental Book Renewal Fee - Category C (4 weeks)		$0.70		$0.10		$0.80
Rental Book Renewal Fee - Category D (4 weeks)		$0.61		$0.09		$0.70
Rental Book Renewal Fee - Category E (4 weeks)		$0.52		$0.08		$0.60
Magazines		$0.87		$0.13		$1.00
Magazines - Teens and Students		Free
Magazines - Older		$0.61		$0.09		$0.70
Holds - up to 1 week		Free
Library Request books from libraries with reciprocal agreement		$8.70		$1.30		$10.00
Library Request books from other libraries		$21.74		$3.26		$25.00
Books for Sale		Library Services Manager Discretion
Lost books (Adults Content)		Replacement item cost plus $5.50 processing fees
Lost books (Children's Content)		Replacement item cost only
Printing
A4 Single Sided per sheet		$0.17		$0.03		$0.20
A4 Double Sided per sheet		$0.35		$0.05		$0.40
A4 Colour Single Sided		$1.30		$0.20		$1.50
A3 Single Sided per sheet		$0.35		$0.05		$0.40
A3 Double Sided per sheet		$0.70		$0.10		$0.80
A3 Colour Single Sided		$2.61		$0.39		$3.00
Scanning for first page		Free
Scanning for extra pages		Free
Aotearoa Peoples Network Kaharoa printing - per page (black and white)		$0.17		$0.03		$0.20
Aotearoa Peoples Network Kaharoa printing - per page (colour)		$0.43		$0.07		$0.50
3D Printing charged per gram		$0.10		$0.01		$0.11
A4 size - laminating		$1.74		$0.26		$2.00
A3 size - laminating		$3.48		$0.52		$4.00
DVD Rental
DVDs Set - 3 week issue		$6.09		$0.91		$7.00
DVDs Restricted - 3 week issue		$6.09		$0.91		$7.00
DVDs Category A - 1 week issue		$4.35		$0.65		$5.00
DVDs Category B - 1 week issue		$3.91		$0.59		$4.50
DVDs Category C - 1 week issue		$2.61		$0.39		$3.00
DVDs Restricted - 1 week issue		$4.35		$0.65		$5.00
School DVD's - 1 week all categories		Free
DVD Automatic Renewal Fee - Where item not returned within issue period
DVDs Set - 3 week issue		$6.09		$0.91		$7.00
DVDs Restricted - 3 week issue		$6.09		$0.91		$7.00
DVDs Category A - 1 week issue		$4.35		$0.65		$5.00
DVDs Category B - 1 week issue		$3.91		$0.59		$4.50
DVDs Category C - 1 week issue		$2.61		$0.39		$3.00
DVDs Restricted - 1 week issue		$4.35		$0.65		$5.00
School DVD's - 1 week all categories		Free
Room Hire
Waipawa Meeting room rental - Commercial (day)		$43.48		$6.52		$50.00
Waipawa Library Meeting room - Not for profit		Free
Waipawa Library Meeting - Regular Meetings		Library Services Manager Discretion
Miscellaneous
Replacement Library Cards	$2.17		$0.33		$2.50
Book Covering	$3.48		$0.52		$4.00
Bond for temporary membership	$17.39		$2.61		$20.00
Book Bags	$1.74		$0.26		$2.00
Road Code Bond	$8.70		$1.30		$10.00
Aotearoa Peoples Network Kaharoa Internet Access	Free

Cemeteries and Crematoria
Notes: § The sale of reserve plots is restricted to one and then only in conjunction with the burial of a member of the same family. (With each application a standard form is filled out so that an accurate record of the reserve plot is kept. A copy of this form is also forwarded to the local Funeral Director.) Those persons who have reserved plots on behalf of another person or for family members cannot reserve a further plot until the original reserved plots are used. Pursuant to section 10 (4) of the Burial and Cremation Act 1964 the exclusive right of burial will lapse after sixty (60) years. All plots not used after 60 years will be offered for re-sale following deliberate effort to trace the purchaser or descendants thereof. § The cost of general grounds maintenance in the cemetery including mowing plots in the lawn cemetery areas is carried out by Council and paid for in the Burial Plot Fee. However maintenance of headstones, fences, concrete-work, etc on any plot is the responsibility of the deceased’s descendants and relatives.
Burial Plot Fees	excl GST	GST	incl GST
Adult	$739.13	$110.87	$850.00
Children under 13	No charge
Baby -Waipukurau Cemetery Memorial only	No charge
Lawn Ashes	$239.13	$35.87	$275.00
Crematorium Garden Plot	$239.13	$35.87	$275.00
Crematorium Family Garden Area (8 plots - where available)	$2,173.91	$326.09	$2,500.00
Crematorium Family Garden Area (10 plots- where available)	$2,608.70	$391.30	$3,000.00
RSA Burial or RSA Ashes Plots	No charge
Interment Fees
Standard – including public holidays and weekends	$782.61	$117.39	$900.00
Children under 13 and Babies - including public holidays and weekends	No charge
Ashes	$217.39	$32.61	$250.00
Other Cemetery Fees
Double Depth (more than one burial where ground permits)	$217.39	$32.61	$250.00
Breaking Concrete	Actual Cost
Afterhours - Afterhours fees will apply to interments that begin after 1.00pm Saturday and 4.00pm on weekdays. This fee is additional to the interment fee.	$652.17	$97.83	$750.00
Sundays and Public Holidays - Sunday and Public Holiday fees apply to all interments on Sundays and Public Holidays with the exception of Easter Sunday, Anzac Day, Christmas, Boxing and New Year's Day, when no interments are permitted. This fee is additional to the interment fee.	$1,521.74	$228.26	$1,750.00
Disinterment	Actual Costs
Monumental Permit Fee - A monumental permit is required for all work to a headstone, including repairs and new headstones and plaques, including ashes garden plaques within the cemetery.	$43.48	$6.52	$50.00
District-wide Reservations (maximum of one adjoining plot at the time of interment)	200% of the current plot fee
Manual Records Search Fee - per entry (per hour) plus actual costs	$130.43	$19.57	$150.00

Retirement Housing		Total Fee

Notes: § Retirement housing rentals have been included in the Fees and Charges Schedule purely for review and information purposes. They do not form part of the Special Order procedures. § New tenancies that occur during the year, may be negotiated at rentals which exceed the below. § Rentals are reviewed annually. § Residential Rents are GST exempt supplies and therefore do not include GST
Kingston Place Waipawa or Ruahine Place Waipukurau (per week)	Single Occupancy	$115.00
	Married Occupancy	$130.00
With Council owned and maintained heat pump	Single Occupancy	$135.00
	Married Occupancy	$145.00
Wellington Road Waipukurau (per week)	Single Occupancy	$135.00
	Married Occupancy	$145.00
With Council owned and maintained heat pump	Single Occupancy	$150.00
	Married Occupancy	$160.00

Council Chamber	excl GST	GST	incl GST

Note: § Non-Council organisations and club using the Council Chamber will be charged $30.00 per hour with a minimum charge of $60.00. This includes the use of the kitchen and crockery.
Minimum Charge	$52.18	$7.82	$60.00
Hourly Charge	$26.09	$3.91	$30.00

Photocopying / Printing
Note: § There is no discount if the customer has supplied their own paper.
A4 Single Sided per sheet	$0.18	$0.02	$0.20
A4 Double Sided per sheet	$0.35	$0.05	$0.40
A4 Colour Single Sided	$1.31	$0.19	$1.50
A3 Single Sided per sheet	$0.35	$0.05	$0.40
A3 Double Sided per sheet	$0.70	$0.10	$0.80
A3 Colour Single Sided	$2.61	$0.39	$3.00
A2 Single Sided per sheet (Council Office Only)	$2.18	$0.32	$2.50
A1 Single Sided per sheet (Council Office Only)	$4.35	$0.65	$5.00
A4 Scanning for first page	$0.87	$0.13	$1.00
A4 Scanning for extra pages	$0.18	$0.02	$0.20
A1 and A2 Scanning to USB drives only (Council Office Only)	$8.70	$1.30	$10.00
Laminating
A4 size	$1.74	$0.26	$2.00
A3 size	$3.48	$0.52	$4.00

Council Meeting Agenda 20 June 2019

7.3 Setting of Rates for 2019/20

File Number: COU1-1400

Author: Bronda Smith, Group Manager, Corporate Support and Services

Authoriser: Monique Davidson, Chief Executive

Attachments: 1. Annual Plan 2019/20 Funding Impact Statement ⇩

PURPOSE

The matter for consideration by the Council is the setting of the rates for 2019/20.

RECOMMENDATION for consideration

That having considered all matters raised in the report:

a) Pursuant to Section 23(1) of the Local Government (Rating) Act 2002, the Central Hawke's Bay District Council resolves to set the rates, due dates and penalties regime for the 2019/20 year.

1. General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002 for the purposes of providing all or some of the cost of:

· Community leadership, including administration, cost of democracy, community voluntary support grants

· All regulatory activities, including district planning, land use and subdivision consent costs, building control, public health, animal control, and compliance.

· Solid waste

· Parks and reserves, public toilets, theatres and halls, cemeteries, and miscellaneous property costs

For the 2019/20 year, this rate will be 0.10793 cents per dollar (including GST) based on the rateable capital value of all rateable land within the District.

2. Uniform Annual General Charge

A rate set under section 15 of the Local Government (Rating) Act 2002 on each separately used or inhabited part of a rating unit within the District. See definition below. This rate is for the purpose of providing:

· Economic and social development.

· A portion of the cost of solid waste

· Libraries and swimming facilities

For the 2019/20 year, this rate will be $278.26 (including GST).

Targeted Rates

3. District Land Transport Rate

A rate for the Council's land transport facilities set under section 16 of the Local Government (Rating) Act 2002. This rate is set for the purpose of funding the operation and maintenance of the land transport system.

For the 2019/20 year this rate will be 0.21106 cents per dollar (including GST) based on the land value of all rateable land in the district.

Separately Used or Inhabited Parts of a Rating Unit

Definition – for the purposes of the Uniform Annual General Charge and the targeted rates above, a separately used or inhabited part of a rating unit is defined as –

A separately used or inhabited part of a rating unit includes any portion inhabited or used by [the owner/a person other than the owner], and who has the right to use or inhabit that portion by virtue of a tenancy, lease, licence, or other agreement.

This definition includes separately used parts, whether or not actually occupied at any time, which are used by the owner for occupation on an occasional or long term basis by someone other than he owner.

Examples of separately used or inhabited parts of a rating unit include:

· For residential rating units, each self-contained household unit is considered a separately used or inhabited part. Each situation is assessed on its merits, but factors considered in determining whether an area is self-contained would include the provision of independent facilities such as cooking/kitchen or bathroom, and its own separate entrance.

· Residential properties, where a separate area is used for the purpose of operating a business, such as a medical or dental practice. The business area is considered a separately used or inhabited part.

These examples are not considered inclusive of all situations.

5. Water Supply Rates

A targeted rate set under section 16 of the Local Government (Rating) Act 2002 for water supply operations of a fixed amount per separately used or inhabited part of a rating unit. The purpose of this rate is to fund water supplies for Otane, Takapau, Waipukurau, Waipawa, Kairakau, Porangahau and Te Paerahi.

The purpose of this rate is to fund the maintenance, operation and capital upgrades of water supplies and treatment in those parts of the District where these systems are provided.

The rate is subject to differentials as follows:

(a) a charge of per separately used or inhabited part of a rating unit connected in the Otane, Takapau, Waipukurau, Waipawa, Kairakau, Porangahau, and Te Paerahi Beach communities.

(b) a half charge per separately used or inhabited part of a rating unit which is serviceable for the above locations.

For this rate:

· "Connected" means a rating unit to which water is supplied.

· "Serviceable" means a rating unit to which water is not being supplied, but the property it is situated within 100 metres of the water supply.

For the 2019/20 year these rates will be:

	Charge	Water Rate ( incl GST)
a	Connected	$721.67
b	Serviceable, not connected	$360.83

6. Metered Water Rate

A targeted rate under section 19 of the Local Government (Rating) Act 2002 per cubic metre of water supplied, as measured by cubic metre, over 300 cubic metres per year. This is applied to water users deemed ‘Extraordinary’ where payment of the Water Supply rate above entitles extraordinary users to the first 300 cubic metres of water without additional charge.

The rate is subject to differentials as follows:

(a) a rate per cubic metre of water, for users consuming below 40,000 cubic metres

(i)

(b) A rate per cubic metre of water, for users above 40,000 cubic metres, and where the land use category in the valuation database is not ‘industrial’

(c) a rate of per cubic metre of water, for users consuming above 40,000 cubic metres, and where the land use category in the valuation database is ‘industrial’

For the 2019/20 year these rates will be:

	Volume of water (cubic metres)	Rate per cubic metre (incl GST)
a	Below 40,000	$2.52
b	Above 40,000, non- industrial	$2.52
c	Above 40,000, industrial	$1.91

7 Sewerage Rates

A targeted rate set under section 16 of the Local Government (Rating) Act 2002 for the Council's sewage disposal function of fixed amounts in relation to all land in the district to which the Council's sewage disposal service is provided or available, as follows:

(a) a charge per rating unit connected.

(b) a charge per pan within the rating unit, after the first one.

The rate is subject to differentials as follows:

· "Connected" means the rating unit is connected to a public sewerage system.

· "Serviceable" means the rating unit is not connected to a public sewerage drain but is within 30 metres of such a drain.

· A rating unit used primarily as a residence for one household is treated as not having more than one pan.

· For commercial accommodation providers, each subsequent pan will be rated at 50% of the charge.

· For those Clubs who qualify for a rebate of their General Rates under Council’s Community Contribution and Club Rebate Remission Policy, and who are connected to the sewerage network, each subsequent pan will be rated at 50% of the Sewerage Charge.

The purpose of this rate is to fund the maintenance, operation and capital upgrades of sewerage collection, treatment and disposal systems in those parts of the District where these systems are provided.

For the 2019/20 year these rates will be:

	Charge	Sewerage Rate (incl GST)
a	First charge per separately used or inhabited part of a rating unit connected	$933.32
b	Additional charge per pan after the first	$933.32
c	Serviceable, not connected, per separately used or inhabited part of a rating unit	$466.66
d	Additional charge per pan after the first – commercial accommodation provider, qualifying club	$466.66

(ii)

9. Stormwater Rates

A targeted rate set under section 16 of the Local Government (Rating) Act 2002 for the purpose of funding operations and maintenance, plus improvements and loan charges on the stormwater drainage network as follows:

A uniform targeted rate on the capital value of all rateable land in the Waipukurau and Waipawa Stormwater Catchment Areas.

(iii)

For the 2019/20 year this rate will be 0.08076 cents per dollar (including GST).

8. Kerbside Recycling Rate

A targeted rate set under section 16 of the Local Government (Rating) Act 2002 for the Council’s collection of household recyclables for Waipukurau and Waipawa on each separately used or inhabited part of a rating unit to which the Council provides the service.

For the 2019/20 year this rate will be $84.69 (including GST).

9. Refuse Collection Rate

A targeted rate set under section 16 of the Local Government (Rating) Act 2002 for the collection of household and commercial refuse for Otane, Onga Onga, Takapau, Tikokino, Waipukurau, Waipawa, Porangahau, Te Paerahi, Blackhead Beach, Kairakau, Mangakuri, Aramoana and Pourerere Beach on each separately used or inhabited part of a rating unit to which the Council provides the service.

For the 2019/20 year this rate will be $21.06 (including GST).

10. Te Aute Drainage Rate

Te Aute Drainage rates are set on all rateable area of rateable property within the designated area subject to a graduated scale for the purpose of funding the operations, loan charges and the repayment of loans for the Te Aute Drainage Scheme area.

The amount required and the classification is set by the Te Aute Drainage Committee.

Each hectare of land in each property is classified according to the susceptibility of that hectare to flooding as follows:

A (100 points), B (80 points), C (15 points), F (3 points), and G (0 points).

The total number of points is 73614. The total amount of funding required each year determines how much each of these points are worth. In this way, the total amount required is apportioned on a pro rata basis using the weightings on each hectare.

The total amount of funding required for 2019/20 is $17,250

The amount per point is 23.43304 cents including GST.

The Te Aute drainage scheme area is defined by reference to the classification list establishing the graduated scale.

Approach to Rating

Rates are set and assessed under the Local Government (Rating) Act 2002 on all rateable rating units on the value of the land and improvements as supplied by Quotable Value New Zealand Limited. . The last rating revaluation was carried out in September 2018 and is effective from 1 July 2019.

The objectives of the council's rating policy is to:

(i) spread the incidence of rates as fairly as possible

(ii) be consistent in charging rates

(iii) ensure all ratepayers pay their fair share for council services

(iv) provide the income needed to meet the council’s goals.

The Central Hawke’s Bay District Council rating system provides for all user charges and other income to be taken into account first, with the rates providing the balance needed to meet the council's objectives.

Rating Base

The rating base will be the database determined by the contracted rating service provider. Because this database is constantly changing due to change of ownership, subdivision, regular revaluations, change of status from rateable to non-rateable (and reverse), the rating base is not described in detail in this policy.

Due Dates for Rate Payments

Pursuant to Section 24 of the Local Government (Rating) Act 2002, the following dates are proposed to apply for assessing the amount of each instalment of rates excluding metered water rates for the year 1 July 2019 to 30 June 2020. Each instalment will be assessed in four equal amounts, rounded.

Instalment number	Instalment Start Date	Last day of payment without additional charge	Penalty date
1	1 July 2019	20 August 2019	21 August 2019
2	1 October 2019	20 November 2019	21 November 2019
3	1 January 2020	20 February 2020	21 February 2020
4	1 April 2020	20 May 2020	21 May 2020

Due Dates for Metered Water Rates

Pursuant to Section 24 of the Local Government (Rating) Act 2002, the following dates are proposed to apply for assessing the amount of metered water rates for the year 1 July 2019 to 30 June 2020. The assessment is applied to water users after the first 300 cubic metres of water without additional charge has been used as part of the Water Supply Rate.

Area/Users	Water Meters read during	Last day of payment
High Users	Monthly	20th month following
Waipukurau Takapau	Sep-19	20-Oct-19
	Dec-19	20-Jan-20
	Mar-20	20-Apr-20
	Jun-20	20-Jul-20
Waipawa Otane Kairakau Porangahau/Te Paerahi	Aug-19	20-Sep-19
	Nov-19	20-Dec-19
	Feb-20	20-Mar-20
	May-20	20-Jun-20

Penalty Charges

(Additional Charges on Unpaid Rates)

Pursuant to Section 58(1)(a) of the Local Government (Rating) Act 2002, an additional charge of 10% will be added on the penalty date above, to all amounts remaining unpaid for each instalment excluding metered water rates.

Pursuant to Section 58(1)(b) of the Local Government (Rating) Act, a further additional charge of 10% will be added on 1 July 2019 to the amount of rates assessed in previous financial years and remaining unpaid as at 30 June 2019 (Section 58(1)(b)) excluding metered water rates.


compliance
Significance	This matter is assessed as being critical to the financial management of the Council.
Options	This report identifies and assesses the following reasonably practicable options for addressing the matter: 1. Pursuant to Section 23(1) of the Local Government (Rating) Act 2002, the Central Hawke's Bay District Council resolves to set the rates, due dates and penalties regime for the 2019/20 year. 2. Council resolves to not set the rates, due dates and penalties regime for the 2019/20 year and to give Officers guidance on which amendments are needed and an amended timeframe related to setting of rates would be required.
Affected persons	The persons who are affected by or interested in this matter are the community of Central Hawke’s Bay District Council.
Recommendation	This report recommends option 1 for addressing the matter.
Long-Term Plan / Annual Plan Implications	This report has implications for the ability of Council to deliver the services of Council in the 2019/20 year.
Significant Policy and Plan Inconsistencies	There are no inconsistences with existing plans or policies.

EXECUTIVE SUMMARY

This report is the final step in the process of being able to set the rates for the 2019/20 year following the adoption of the Annual Plan. The rates included in the report are part of the Funding Impact Statement that is included in the Annual Plan for 2019/20.

BACKGROUND

Council is required to resolve to set the rates, due dates and penalties regime for the 2019/20 year. The rates required by Council to be able to meet the requirements of the purpose of Local Government are part of the development of Annual Plan and are set out within the attached Funding Impact Statement within the Annual Plan. Following the adoption of the Annual Plan, Council is required to set rates in accordance with Funding Impact Statement and Section 23 of Local Government (Rating) Act 2002.

SIGNIFICANCE AND ENGAGEMENT

In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as critical to the financial management of the Council.

OPTIONS

The following assessment relates to all options

a) Financial and Resourcing Implications

Setting of rates is key for the service provision and the financial management and funding of Council. Following the adoption of the Annual Plan, this allows the Council to collect the rates required to deliver the service of Council for 2019/20. Not setting the rates would put Council at financial risk.

b) Risk Analysis

Setting of the rates is a requirement of the LGA and the Section 23 of Local Government (Rating) Act 2002. Council is required to set the rates in accordance with the Acts to ensure they are lawful and can be collected from ratepayers.

c) Promotion or Achievement of Community Outcomes

Rates funding allows the Council to deliver the services included in the LTP and Annual Plan which are based on the Community Outcomes included in the plan.

d) Statutory Responsibilities

Council is required to set rates based on the Annual Plan and in accordance with Section 23 of Local Government (Rating) Act 2002.

e) Consistency with Policies and Plans

The rates proposed to be set are consistent with the Annual Plan 2019/20.

f) Participation by Māori

There are no specific implications for Māori regarding the setting of the rates.

g) Community Views and Preferences

The views of the community and preferences were considered as part of the consultative process run as part of the Annual Plan process.

Option 1

Pursuant to Section 23(1) of the Local Government (Rating) Act 2002, the Central Hawke's Bay District Council resolves to set the rates, due dates and penalties regime for the 2019/20 year.

Option 2

Council resolves to not set the rates, due dates and penalties regime for the 2019/20 year and to give Officers guidance on which amendments are needed and an amended timeframe related to setting of rates would be required.

NEXT STEPS

Following the setting of Rates, Council Officers will strike the rates within the Council rating system and following 1^st July, the first rates assessment will be sent to ratepayers.

Recommended Option

This report recommends option 1 for addressing the matter.

Rates

The following rates are intended to be set and assessed on all property within the District for the 2019/20 year:

District Wide Rates

1. General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002 for the purposes of providing all or some of the cost of:

· Community leadership, including administration, cost of democracy, community voluntary support grants

· All regulatory activities, including district planning, land use and subdivision consent costs, building control, public health, animal control, and compliance

· Solid waste

· Parks and reserves, public toilets, theatres and halls, cemeteries, and miscellaneous property costs

For the 2019/20 year, this rate will be 0.10793 cents per dollar (including GST) based on the rateable capital value of all rateable land within the District.

2. Uniform Annual General Charge

· Economic and social development

· A portion of the cost of solid waste

· Libraries and swimming facilities

For the 2019/20 year, this rate will be $278.26 (including GST).

3. District Land Transport Rate

For the 2019/20 year this rate will be 0.21106 cents per dollar (including GST) based on the land value of all rateable land in the district.

Targeted Rates

Separately Used or Inhabited Parts of a Rating Unit

Definition – for the purposes of the Uniform Annual General Charge and the targeted rates above, a separately used or inhabited part of a rating unit is defined as –

Examples of separately used or inhabited parts of a rating unit include:

These examples are not considered inclusive of all situations.

4. Water Supply Rates

The purpose of this rate is to fund the maintenance, operation and capital upgrades of water supplies and treatment in those parts of the District where these systems are provided.

The rate is subject to differentials as follows:

a) a charge of per separately used or inhabited part of a rating unit connected in the Otane, Takapau, Waipukurau, Waipawa, Kairakau, Porangahau, and Te Paerahi Beach communities.

b) a half charge per separately used or inhabited part of a rating unit which is serviceable for the above locations.

For this rate:

· "Connected" means a rating unit to which water is supplied.

· "Serviceable" means a rating unit to which water is not being supplied, but the property it is situated within 100 metres of the water supply.

For the 2019/20 year these rates will be:

	Charge	Water Rate ( incl GST)
a	Connected	$721.67
b	Serviceable, not connected	$360.83

Waipawa water supply zone

Otane water supply zone

Waipukurau water supply zone

Takapau water supply zone

Kairakau water supply zone

Te Paerahi water supply zone

Porangahau water supply zone

5. Metered Water Rate

The rate is subject to differentials as follows:

(a) a rate per cubic metre of water, for users consuming below 40,000 cubic metres

(b) a rate per cubic metre of water, for users above 40,000 cubic metres, and where the land use category in the valuation database is not ‘industrial’

(c) a rate of per cubic metre of water, for users consuming above 40,000 cubic metres, and where the land use category in the valuation database is ‘industrial’

For the 2019/20 year these rates will be:

	Volume of water (cubic metres)	Rate per cubic metre (incl GST)
a	Below 40,000	$2.52
b	Above 40,000, non- industrial	$2.52
c	Above 40,000, industrial	$1.91

6 Sewerage Rates

(a) A charge per rating unit connected.

(b) A charge per pan within the rating unit, after the first one.

The rate is subject to differentials as follows:

· ‘Connected’ means the rating unit is connected to a public sewerage system.

· ‘Serviceable’ means the rating unit is not connected to a public sewerage drain but is within 30 metres of such a drain.

· A rating unit used primarily as a residence for one household is treated as not having more than one pan.

· For commercial accommodation providers, each subsequent pan will be rated at 50% of the charge.

For the 2019/20 year these rates will be:

	Charge	Sewerage Rate (incl GST)
a	First charge per separately used or inhabited part of a rating unit connected	$933.32
b	Additional charge per pan after the first	$933.32
c	Serviceable, not connected, per separately used or inhabited part of a rating unit	$466.66
d	Additional charge per pan after the first – commercial accommodation provider, qualifying club	$466.66

Waipawa sewer operation zone

Otane sewer operation zone

Waipukurau sewer operation zone

Takapau sewer operation zone

Te Paerahi sewer operation zone

Porangahau sewer operation zone

7. Stormwater Rates

A uniform targeted rate on the capital value of all rateable land in the Waipukurau and Waipawa Stormwater Catchment Areas.

For the 2019/20 year this rate will be 0.08076 cents per dollar (including GST).

The Waipukurau and Waipawa Stormwater Catchment Areas are defined by reference to stormwater catchment boundary plans held.

Waipawa stormwater operation zone

Waipukurau stormwater operation zone

8. Kerbside Recycling Rate

For the 2019/20 year this rate will be $84.69 (including GST).

Waipawa kerbside recycling collection zone

Waipukurau kerbside recycling collection zone

9. Refuse Collection Rate

For the 2019/20 year this rate will be $21.06 (including GST).

Waipawa refuse collection zone

Otane refuse collection zone

Waipukurau refuse collection zone

Takapau refuse collection zone

Te Paerahi refuse collection zone

Porangahau refuse collection zone

Tikokino refuse collection zone

Onga Onga refuse collection zone

Pourerere Beach refuse collection zone

Kairakau Beach refuse collection zone

Mangakuri Beach refuse collection zone

Aramoana Beach refuse collection zone

Blackhead Beach refuse collection zone

10. Te Aute Drainage Rate

The amount required and the classification is set by the Te Aute Drainage Committee.

Each hectare of land in each property is classified according to the susceptibility of that hectare to flooding as follows:

A (100 points), B (80 points), C (15 points), F (3 points), and G (0 points).

· The total amount of funding required for 2019/20 is $17,250

· The amount per point is 23.43304 cents including GST.

The Te Aute drainage scheme area is defined by reference to the classification list establishing the graduated scale.

Approach to Rating

Rates are set and assessed under the Local Government (Rating) Act 2002 on all rateable rating units on the value of the land and improvements as supplied by Quotable Value New Zealand Limited. The last rating revaluation was carried out in September 2018 and is effective from 1 July 2019.

The objectives of the council's rating policy is to:

(d) Spread the incidence of rates as fairly as possible

(e) Be consistent in charging rates

(f) Ensure all ratepayers pay their fair share for council services

(g) Provide the income needed to meet the council’s goals.

Rating Base

Rating Information Database and Rates Records

Council’s rating information database and rates records are available for public inspection at the Council offices in Waipukurau and Waipawa during normal office hours –

· Waipukurau (hours Monday – Friday 9am to 5.00pm)

· Waipawa (hours Monday – Friday 8am to 5.00pm)

Due Dates for Rate Payments

Pursuant to Section 24 of the Local Government (Rating) Act 2002 the following dates are proposed to apply for assessing the amount of each instalment of rates excluding metered water rates for the year 1 July 2019 to 30 June 2020. Each instalment will be assessed in four equal amounts, rounded.

Instalment number	Instalment Start Date	Last day of payment without additional charge	Penalty date
1	1 July 2019	20 August 2019	21 August 2019
2	1 October 2019	20 November 2019	21 November 2019
3	1 January 2020	20 February 2020	21 February 2020
4	1 April 2020	20 May 2020	21 May 2020

Due Dates for Metered Water Rates

Pursuant to Section 24 of the Local Government (Rating) Act 2002 the following dates are proposed to apply for assessing the amount of metered water rates for the year 1 July 2019 to 30 June 2020. The assessment is applied to water users after the first 300 cubic metres of water without additional charge has been used as part of the Water Supply Rate.

Area/Users	Water Meters read during	Last day of payment
High Users	Monthly	20th month following
Waipukurau/Takapau	Sep-19	20-Oct-19
	Dec-19	20-Jan-20
	Mar-20	20-Apr-20
	Jun-20	20-Jul-20
Waipawa Otane Kairakau Porangahau/Te Paerahi	Aug-19	20-Sep-19
	Nov-19	20-Dec-19
	Feb-20	20-Mar-20
	May-20	20-Jun-20

Penalty Charges (Additional Charges on Unpaid Rates)

Pursuant to Section 58(1)( a) of the Local Government (Rating) Act 2002, an additional charge of 10% will be added on the penalty date above, to all amounts remaining unpaid for each instalment excluding metered water rates.

Pursuant to Section 58(1)(b) of the Local Government (Rating) Act, a further additional charge of 10% will be added on 1 July 2020 to the amount of rates assessed in previous financial years and remaining unpaid as at 30 June 2020 (Section 58(1)(b)) excluding metered water rates.

Payment Options

Rate payments on instalments are to be received by Council no later than 5.00pm on the last day of payment detailed above. Payment options include:

· Online through Internet Banking.

· Direct Debit.

· Automatic Payments via your bank account, or Telephone Banking.

· Cheque sent by Post.

· At Council Offices in Waipukurau (Hours Monday – Friday 9am to 5.00pm) or Waipawa (Hours Monday – Friday 8am to 5.00pm). We accept Cash, Cheque and Eftpos.

· Online by Credit Card from our website.

Lump Sum Contributions

Council will not accept lump sum contributions in respect of any targeted rate.

Rating Base Information

For all the rating units in the district, estimated for 30/06/2019

Number of Rating Units	7,741
Capital Value	5,605,009,150
Land Value	3,578,694,600

Council Meeting Agenda 20 June 2019

7.5 Endorsement of WWTP Environment Court Response

File Number: COU1-1400

Author: Darren de Klerk, 3 Waters Programme Manager

Authoriser: Monique Davidson, Chief Executive

Attachments: 1. 2018 - Waipawa WWTP - Supplementary Enforcement Order ⇩

2. Waipawa WWTP Report to the Court for Endorsement ⇩

3. WWTP Report Appendices 1-3 ⇩

PURPOSE

The matter for consideration by the Council is to endorse the report responding to the supplementary enforcement order issued from Hawke’s Bay Regional Council through the environment court in 2018.

RECOMMENDATION for consideration

That having considered all matters raised in the report:

a) That Council endorses the report responding to the Environment Court in relation to the Waipawa Wastewater Treatment Plant.


compliance
Significance	This matter is assessed as being of some importance
Options	This report identifies and assesses the following reasonably practicable options for addressing the matter: 1. Endorse the report to respond to the supplementary environment court order 2. Does not endorse the report to respond to the supplementary environment court order
Affected persons	The persons who are affected by or interested in this matter are Council officers, elected members, contractors, HBRC, ratepayers, community reference group
Recommendation	This report recommends option *ONE* for addressing the matter.
Long-Term Plan / Annual Plan Implications	No current implications
Significant Policy and Plan Inconsistencies	Consistent with LTP, this response was outlined as an action in the 2018-28 LTP

EXECUTIVE SUMMARY

This report is to endorse a report being taken to the Hawkes Bay Regional Council and the Environment Court in response to supplementary orders made in July 2018.

This report includes significant work related to a science report, community group development of solution options, funding and affordability assessments, interim improvements and consultation with key stakeholders to reach this milestone.

The report summarises the process that Central Hawke’s Bay District Council (CHBDC) have followed to develop a solution for addressing an Environment Court Order concerning consent breaches at the Waipawa Wastewater Treatment Plant (Waipawa WWTP). It also sets out forward steps proposed.

Attached is the draft report to be released with the appendices highlighted above.

Below is the detail of the work done to date to progress to the position we are at today.

BACKGROUND

On 31 July 2017 the Court made Enforcement Orders (“Original Orders”) in relation to the above matter and on 26 July 2018 the Court made Supplementary Orders.

The Supplementary Orders permanently suspended paragraphs 16 to 20 of the Original Orders, required further monitoring of the Waipawa Wastewater Treatment Plant (“Waipawa WWTP”) until 31 May 2019, and required a report to the Court by no later than 30 June 2019.

The report is required by Order 4 of the Supplementary Orders and that order states the following:

“4. By no later than 30 June 2019, CHBDC shall provide a report to the Court and the HBRC which shall, as a minimum, address:

(a) The wastewater treatment solution the CHBDC proposes to implement for wastewater from Waipawa and the technical rationale for same;

(b) The process and time frame for implementation, including whether any new consents or changes to conditions of consent are required to implement the wastewater solution and the estimated time frame for preparing and lodging any applications for same;

(c) The estimated cost of implementing the wastewater solution; and

(d) The proposed process and timing for securing the funding necessary to implement the wastewater solution.

Unless the Court makes an order to the contrary, CHBDC shall implement the proposed wastewater solution as soon as reasonably practicable”

Actions Taken

Following this supplementary order, Central Hawkes Bay District Council in mid-2018 decided that wastewater management required a fresh approach and there was appetite and need to look at the bigger picture of what is suitable for the Waipawa WWTP discharge. This required thinking beyond just managing consent compliance, but rather how the Council was managing wastewater.

This led to the establishment of an internal council project to consider wastewater management, not just for Waipawa, but other communities in the District. It was appreciated that the issues facing Waipawa were similar to those facing Waipukurau, and ultimately other communities in the district would face similar issues, leading to an opportunity to consider wastewater management at one time.

Reference Group

Leading on from the decision to consider wastewater management across the district was the initiation of a Wastewater Reference Group (Reference Group) to focus on development of solutions for Waipawa and Waipukurau. It was considered that the other communities in the district, while they faced similar issues, did not have pressing needs like Waipawa and Waipukurau. However, it was also considered that solutions and experiences from Waipawa and Waipukurau could inform management solutions for the other communities.

The Reference Group formed consisted of community members and councillor representatives. Staff and technical advisors also contributed. The intent of this group was to identify issues and options for wastewater management. While there are multiple options, the intention was the group would identify key aspects that needed change and identify potential solutions. This process was intended to lead into the development of identification of a solution to satisfy the requirements of the Supplementary Order required by June 2019. The consequence was the group had a period of some 6-9 months to assist with developing solutions.

Early in the discussion there was consensus that Waipawa and Waipukurau discharges should be considered collectively. This allowed individual and combined solutions to be considered and provided for options and costs for larger solutions where economies of scale could apply. The logic, combined with an immediate consenting need, meant that the inclusion of Otane was seen as being appropriate and logical.

Technical information

Sitting alongside community engagement was the provision of supporting technical information. This served the purpose of educating the Reference Group, pulling key information together and assisting with technical analysis and development of options.

The supporting technical work and extensive engagement has highlighted a community aspiration to consider longer term opportunities and potential future regulatory constraints. This included the need to plan and create resilience for potential changes in water use and nutrient management in the wider catchment.

The desire to make changes was not driven by a technical need to mitigate unacceptable environmental effects. Technical investigations (particularly a surface water assessment by Aquanet: 2019) showed that only minor changes to the discharge regime was needed, particularly to lessen nutrient discharges during low flow conditions in order to provide for compliance with current resource consent requirements.

Reasons for Change

The approach of making small technical changes to wastewater treatment and discharges to meet current consent compliance places a reliance on the current regulatory environment/framework staying the same; which may (likely) change in time. To future proof and plan for infrastructure which has a life that is typically beyond the regulatory planning framework (i.e. immediate consent term), the Reference Group and council staff supported the need for master planning. This master planning was considered to not just be meeting the current and future regulatory framework, but CHBDC making a courageous decision to do better and more than the minimum; being planning for future generations and not just the immediate needs to satisfy current rules. This position is reflected in the Reference Group’s vision, which was:

“Our effluent is treated in a sustainable way that creates a resource, protects our environment and continues to do so for generations to come.”

Evaluation of options by the Reference Group identified this long-term perspective would place an economic burden on the community, but if it can be funded it will provide local and regional leadership to deal with water and nutrient issues that have challenged the community and region for several decades.

Development of a Solution

Despite the largely indistinguishable impact on the river system, albeit with current consent non-compliance issues, there will be growth in the district and an increase in expectations. This will necessitate a need to improve effluent quality and it’s management over time. Therefore, either the discharge method needs to be changed (ideally away from the River) or a fundamentally different treatment plant needs to be installed. Adopting either of these two options would be seen to provide a means of future-proofing the community and CHBDC.

The process and solution adopted by CHBDC differs in scope from that envisaged when the existing orders were issued by the court. The existing orders envisaged a ‘Treatment Solution’ for Waipawa (only); but now the solution includes Waipawa, Waipukurau and Otane communities and their respective facilities.

While it is clear that the community aspiration is to remove all wastewater from surface water, the ability to do so must be staggered over time as technology, farming practices and finances permit. This has led to a solution that can be implemented over time, with a discharge, treatment follow by discharge focus;

• Discharge (1) - Initially the solution will replace the existing surface water discharges with a rapid infiltration system, into near river gravel soils close to the rivers;

• Treatment - Because rapid infiltration systems provide only limited additional treatment to the wastewater (they will reduce solids and pathogens but not substantially reduce soluble nitrogen), a relatively high level of treatment is required at the WWTP. This is to include the construction of a new biological nutrient removal treatment plant at Waipawa, with conveyance of Otane wastewater to Waipawa for treatment. Subject to cost refinements, Waipukurau treatment can likewise be replaced at the existing site or incorporated into the new Waipawa plant;

• Discharge (2) - With time, and as more land application opportunities become available, it is likely that a significant portion of the treated effluent will be diverted away from the rapid infiltration scheme to beneficial reuse and or land treatment.

Strategy moving forward

There is a clear big target ahead – wastewater out of the river, improved treatment and beneficially use of treated wastewater. The ability to achieve this target is clearly finance driven and simply unaffordable to the community at this current time. Despite the current unaffordability of the aspirational target, there are a number of intermediate steps which can be undertaken in the next three years to improve discharge quality and the ability to meet compliance requirements. These are outlined in Stage 0 below.

Furthermore, the option of staging the upgrades provide a realistic timeframe to develop funding sources whilst still upgrading and improving firstly discharge in Stage 1, and then treatment in Stage 2 to meet community and regulatory expectations and requirements. Further detail is provided below:

• Stage 0 – Investigations and technical reports (including consideration of piping Waipukurau wastewater to the Waipawa WWTP in the longer term), consenting of proposed wastewater solution for Waipawa and Otane, procurement, and interim minor improvements (Years 0-3):

· Waipawa Trunk Sewer Main renewal - 2.2km trunk inlet main to Waipawa WWTP;

· Infiltration and inflow study in relation to Otane wastewater reticulation;

· Landfill leachate removal and irrigation back to landfill;

· Removal of floating wetlands at the Waipawa WWTP;

· Renewals and operational adjustments within the existing Waipawa WWTP to address performance with regard to reducing total suspended solids, soluble reactive phosphorous, and E. coli; and

· Other minor improvements.

• Stage 1 – Construction of rapid infiltration beds and conveyance and reticulation of Otane effluent to Waipawa WWTP (Years 3-6).

• Stage 2 – Construction of new BNR plant (Years 7-10).

• Stage 3 – Explore beneficial reuse and land based disposal options. (Years 10+).

Many of the above tasks for Stage 0 are underway and progressing. Future actions are being developed, but the fundamental for most is the securing of appropriate finances.

Financing

Outlined within the presentation and the draft environment court, the expected financial implications, which require further investigation through the design and funding source programme in 2019-2021.

Council have commissioned a funding and feasibility assessment, and a community affordability assessment to understand the impact of financing this solution.

It is clear that multiple funding sources will be required to progress this project.

- Rates via LTP Amendment

- Trade Waste

- Development Contributions

- External Funding

o HBRC Freshwater Programme

o Central Government

§ PGF/ Crown Infrastructure

§ MfE : Freshwater Improvement Fund

§ Sustainable Land Use

Staging the upgrades is key to working around our funding constraints and this has been highlighted through the environment court.

SIGNIFICANCE AND ENGAGEMENT

In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as of some importance because it has the ability to affect all ratepayers in some form as the options are further developed.

Engagement with the community has taken place to date with the formation of a community reference group, the survey to the wider community in Dec 2018/ Jan 2019, targeted media communications in the CHB Mail, and the website being updated and maintained with the progress of the reference group to date.

OPTIONS

Option 1 Endorse the report to respond to the supplementary environment court order

a) Financial and Resourcing Implications

· This report and associated works is consistent with current LTP, financing and resourcing requirements, following steps and stages will have impact on funding and require an LTP amendment.

b) Risk Analysis

· Through careful management and use of a community reference group and experts, and involvement of the HBRC in the process, Council officers believe the risk has been mitigated to as low as reasonably possible

· Legal opinion on this report has been obtained

· Operational and monitoring considerations are to be reviewed upon submission of the report

c) Alignment to Project Thrive and Community Outcomes

· Aligns with Project THRIVE and the long term views of CHB’s wastewater

d) Statutory Responsibilities

· Considered as part of the process the RMA, and will be progressed further through future consent applications

e) Consistency with Policies and Plans

· Consistent with current LTP

· Future amendments will be required

f) Participation by Māori

· Taiwhenua input has been received to date on this project, and will continue to be involved as options and stages are developed and progressed.

g) Community Views and Preferences

· Community views have been considered via the reference group and a community survey undertaken to date

h) Advantages and Disadvantages

Advantage

· Meets requirements of all process and decision making to date

· Progresses with the outcomes of Project THRIVE

· Meets regulatory requirements

Disadvantage

· Future cost implications, although unavoidable

Option 2 Reject the report to respond to the supplementary environment court order

a) Financial and Resourcing Implications

· Further cost and risk of legal ramifications if June 2019 deadline not met

b) Risk Analysis

· High risk if a response is not submitted by 30 June 2019 from legal and regulator

c) Promotion or Achievement of Community Outcomes

· Does not align with community reference group and wider community views to not meet this deadline

d) Statutory Responsibilities

· Risk of breaching consent/ RMA

e) Advantages and Disadvantages

Advantages

· No perceived advantage

Disadvantages

· Risk of legal ramifications

· Risk of regulatory ramifications

· Bad public perception of deadlines not met

· Additional unnecessary cost and resourcing implications

Recommended Option

This report recommends option ONE to adopt the report to respond to the supplementary environment court order for addressing the matter.

NEXT STEPS

· Council to release the report to the environment court, through our lawyers.

· Officers to commence with Stage 0, and in particular the minor improvements to improve compliance.

· Planned communications to the community and key stakeholders on progress to date and planned progress.

RECOMMENDATION for consideration

That having considered all matters raised in the report:

a) That Council endorses the report responding to the Environment Court in relation to the Waipawa Wastewater Treatment Plant.

Council Meeting Agenda 20 June 2019

RULES

NEW ZEALAND LOCAL GOVERNMENT ASSOCIATION INC

(TRADING AS Local Government New Zealand or LGNZ)

(adopted at the Annual General Meeting on 18 July 2001

and amended at the Special General Meeting on 11 March 2005, and at the Annual General Meeting on 27 July 2005, 28 July 2010, 15 July 2012, and Special General Meeting on 13 March 2014, and Annual General Meeting on 7 July 2019)

CONTENTS

Page

A Name and Interpretation......................... 7

B Objects and Powers....................................... 11

C Membership..................................................... 16

Members.............................................................. 16

Associate Members.............................................. 16

Termination of Membership................................ 17

Life Membership.................................................. 18

Transitional Membership..................................... 20

D Zones and Sector Groups............................. 21

Zones.................................................................... 21

Zone Functions..................................................... 24

Sector Groups....................................................... 24

Sector Group Functions....................................... 26

Zone and Sector Group Meetings........................ 27

E National Council............................................. 29

Composition of National Council......................... 29

Qualification and Voting...................................... 29

Sector Group Appointments................................ 30

Zone Appointments............................................. 32

Appointments Generally...................................... 33

Vacancies.............................................................. 35

Powers of National Council.................................. 37

National Council Meetings

And Procedures.................................................... 37

National Council Committees.............................. 39

F President and Vice President...................... 43

Election of President............................................ 43

Confidence in President....................................... 48

Election of Vice-President.................................... 49

Vacancy in The Office of President...................... 50

Acting President................................................... 52

Vacancy in the Office of Vice-President............... 54

G Annual and Special Meetings..................... 56

Annual General Meeting...................................... 56

Special General Meeting...................................... 57

Delegates.............................................................. 59

Proxies.................................................................. 61

Chair..................................................................... 63

Quorum................................................................ 63

Conduct of Meetings............................................ 64

H Voting and Elections...................................... 65

Voting................................................................... 65

Conduct of Elections............................................ 67

I Management................................................... 71

J Financial Management................................. 73

Financial Year....................................................... 73

Subscriptions........................................................ 73

Control and Use of Funds..................................... 73

Income and Property........................................... 74

Auditor................................................................. 75

K Alteration of the Rules.................................. 76

L Miscellaneous.................................................. 77

Common Seal....................................................... 77

Notice................................................................... 77

Dissolution............................................................ 78

Disposition of Surplus Assets

on Dissolution...................................................... 78

A NAME AND INTERPRETATION

A1. The name of the Society is the NEW ZEALAND LOCAL GOVERNMENT ASSOCIATION INC (trading as "Local Government New Zealand" and referred to as LGNZ in these Rules).

A2. In these Rules unless the context requires a different interpretation:

'ANNUAL GENERAL MEETING' means the Annual General Meeting of Member Authorities held in accordance with Part G.

'APPOINTED' means appointed to office whether by election or otherwise and "appointment" has a corresponding meaning.

'CHIEF EXECUTIVE' means the Chief Executive of LGNZ appointed under rule I1, and includes an Acting Chief Executive appointed under Rules I4 and I5 when acting during the absence of the Chief Executive or a vacancy in that office.

'ELECTED MEMBER' means an elected member of a Member Authority and includes –

(a) A person holding office as Chairperson, Mayor, or Councillor of a Member Authority;

(b) A person holding office as a member of a local board or governing body established under section 10 of the Local Government (Auckland Council) Act 2009.

'LOCAL AUTHORITY' means a Regional Council, Unitary Authority, or Territorial Authority, or any statutory body being the successor of such local authority, but does not include the Minister of Local Government.

'MEMBER AUTHORITY' means a Local Authority for the time being admitted to membership of LGNZ in accordance with Part C.

'NATIONAL COUNCIL' means the governing body of LGNZ constituted in accordance with Part E.

'NATIONAL COUNCIL MEMBER' means a member of the National Council elected or appointed from time to time in accordance with Rule E1, and includes the President.

'REGIONAL COUNCIL', 'UNITARY AUTHORITY' and 'TERRITORIAL AUTHORITY' have the same meaning as in the Local Government Act 2002 except that they do not include the Minister of Local Government.

'SECTOR GROUP' means a sector based grouping of Member Authorities as provided for in Part D.

'ZONE' means a geographical grouping of Member Authorities as provided for in Part D.

A3. The definitions contained in Section 2 of the Local Government Act 2002, unless the context otherwise requires, apply to any term not expressly defined in these Rules.

A4. Subject to Rule A5, for all purposes under these Rules, the population of a Member Authority is its census night population as determined in the most recent census.

A5. On application by a Member Authority, the Annual General Meeting may by resolution determine that the population of the Member Authority for the purpose of one or more of these Rules is as determined by any more recent estimate issued by the Department of Statistics.

A6. Where any Rule provides that a person assumes office on a specified day, that person shall assume office at the commencement of that day, that is, immediately after midnight of the preceding day, unless otherwise specified.

A7. Subject to Rule A6, where any matter or thing is required or authorised by these Rules to be done on or not later than a specified date or day, that matter or thing may be done at any time up to midnight on that day, unless otherwise specified.

B
OBJECTS AND POWERS

B1. The objects of LGNZ are:

(a) To promote the national interests of local government through the promotion of LGNZ’s vision as approved by the National Council from time to time;

(b) To advocate on matters affecting the national interests of local government and the communities that it represents;

(c) To constructively promote and facilitate regular dialogue with Government, Parliamentarians, and the agencies of Government on matters of national interest to local government with a view to enhancing and ensuring a long-term commitment to partnership between central and local government in New Zealand;

(d) To provide full, accurate and timely information to Member Authorities and associate members on matters affecting local government and LGNZ;

(e) To research, survey, and investigate those matters in which LGNZ has an interest or a responsibility on behalf of its Member Authorities;

(f) To provide advice and to deliver education and training opportunities for Member Authorities and others on the role and practices of local government, sound governance and management practices, best practice operational matters, the laws affecting local government, and other matters relevant to local government;

(g) To hold such conferences and forums as required for the advancement of its objects;

(h) Generally to do all such other things as may be incidental or conducive to attaining any of the above objects.

B2. For the purpose of carrying out all or any of its objects LGNZ has the following powers:

(a) To purchase, take on lease or exchange, hire or otherwise acquire any real or personal property and any rights or privileges which LGNZ thinks necessary or expedient;

(b) To fund its activities by subscriptions, fees, income, or payments from Member Authorities and associate members, sponsorships and other activities and to grant any rights and privileges to Member Authorities and associate members;

(bb) To engage in any activities that advance the objects of LGNZ including activities that raise money for that purpose;

(c) To borrow, raise or secure the payment of money (with or without security) in such manner as LGNZ, in its discretion, thinks fit;

(d) To invest, lend, advance and deal with the moneys of LGNZ in such a manner as LGNZ, in its discretion, thinks fit;

(e) To appoint, remunerate, remove or suspend any employee of LGNZ;

(f) To make, adopt, vary and publish rules dealing with any of the matters in the objects set out in Part B and take all steps that are necessary or advisable for applying the Rules;

(g) To receive and take any gifts or donations of money or property for any of the objects of LGNZ whether subject to any special trusts or not, and whether as sole trustee or not, but the National Council may decline to accept any gift or donations or take over or hold any property which has annexed to it any condition or obligation not approved by the National Council;

(h) To make, draw, accept, discount and execute any promissory notes, bills of exchange, debentures or other negotiable instruments;

(i) To subscribe to, become a member of, or co-operate with, any other society whether incorporated or not whose objects are altogether or in part similar to those of LGNZ. To procure from and communicate to that society any information that is likely to advance the objects of LGNZ;

(j) To provide services for and assistance to any other society whether incorporated or not whose objects are in full or in part similar to those of LGNZ;

(jj) To provide services for and assistance to any member of LGNZ;

(k) To acquire or subscribe for shares or other equity securities in any company or other incorporated body;

(l) To enter into any contract, make any arrangements or undertake any activity for the financial or other benefit of LGNZ;

(m) To prepare and implement a business plan;

(n) To do all other acts and things for the purpose of attaining any of the objects of LGNZ.

C
MEMBERSHIP

Members

C1. Subject to Rules C4 and C5 a Local Authority becomes a Member Authority upon payment of the annual subscription.

ASSOCIATE MEMBERS

C2. Subject to Rules C4 and C5 any other person or organisation that is approved as an associate member of LGNZ by the National Council, becomes an associate member of LGNZ on payment of the appropriate annual subscription.

C3. The National Council may from time to time by resolution -

(a) Create amend or delete any category or categories of associate members; and

(b) Determine the extent of the rights and privileges of associate members as members of LGNZ (which must not include voting rights as members of LGNZ).

C3A. Without limiting the categories of persons or organisations that may become associate members, the National Council may make provision for an associate membership category or categories for council organisations, council-controlled organisations, council-controlled trading organisations and exempted organisations (as those terms are defined in the Local Government Act 2002, but without the exclusions provided in section 6(4) of that Act).

TERMINATION OF MEMBERSHIP

C4. Any Member Authority or associate member may resign from membership by giving to LGNZ notice in writing, and every notice, unless otherwise expressed, takes effect one month after the giving of that notice but does not in any case release the Member Authority or associate member from payment of any subscription, fees or other payments owing to LGNZ at the time of resignation.

C5. The National Council has the power, by resolution, to terminate, or suspend for any specified period, the membership of any Member Authority or associate member for whatever reasons, in its discretion, it thinks fit.

C6. Any Member Authority or associate member whose membership has been terminated or suspended is entitled to table a motion before an Annual General Meeting seeking the revocation of the termination or suspension, and notwithstanding any provisions of these Rules to the contrary (including any procedural requirement for a seconder to a motion), the motion shall be put to that Annual General Meeting.

C7. If any motion referred to in Rule C6 is passed, the termination or suspension shall be deemed to have no effect.

LIFE MEMBERSHIP

C8. Notwithstanding anything to the contrary in these Rules, the Annual General Meeting or a Special General Meeting may by resolution, upon the recommendation of the National Council, elect to life membership any person who has given outstanding service to LGNZ or to local government generally.

C9. A life member may attend any Annual General Meeting or Special General Meeting of LGNZ without paying a fee, and has such speaking rights as the Chair of the meeting allows but a life member is not entitled to exercise any other rights conferred by or under these Rules upon Member Authorities or associate members.

TRANSITIONAL MEMBERSHIP

C10. Notwithstanding anything to the contrary in these Rules but subject to Rule C11, any Local Authority, which pursuant to a final reorganisation scheme or other final scheme whether implemented under the Local Government Act 2002 or otherwise, succeeds to the functions of a regional council, unitary authority or territorial authority, any one or more of which were separately Member Authorities of LGNZ, becomes a Member Authority of LGNZ entitled to all the rights and privileges of that status.

C11. The National Council may require payment by a Local Authority whose predecessors were not all Member Authorities, of such additional sum as it considers necessary to fairly equate, in respect of the balance of the current financial year, with the subscription which would otherwise have been payable had the Local Authority been a Member Authority at the commencement of that financial year.

D
ZONES AND SECTOR GROUPS

ZONES

D1. There shall be six geographical groupings of Member Authorities to be known as Zones. Each Member Authority shall belong to a zone and no member authority shall belong to more than one zone.

D2. Subject to paragraph D5, the membership of the six Zones is as follows:

(a) Zone One – All Member Authorities within the area bounded by the Northland Regional Council and the Auckland Council.

(b) Zone Two - All Member Authorities within the area bounded by the Waikato and Bay of Plenty Regional Councils and the Gisborne District Council and those parts of the Waitomo and Taupo District Councils situated in any other Regions.

(c) Zone Three - All Member Authorities within the area bounded by the Taranaki, Hawke's Bay, and Manawatu-Wanganui Regional Councils and that part of the Tararua District situated in the Wellington Region but excluding any parts of the Taupo and Waitomo District Councils.

(d) Zone Four - All Member Authorities within the area bounded by the Wellington Regional Council including that Council but excluding any part of the Tararua District.

(e) Zone Five - All Member Authorities within the area bounded by the Canterbury and West Coast Regional Councils, the Tasman and Marlborough District Councils, the Nelson City Council, and the Chatham Islands Council but excluding any part of the Waitaki District.

(f) Zone Six - All Member Authorities within the area bounded by the Otago and Southland Regional Councils and that part of the Waitaki District Council included in the Canterbury Region.

D3. For the purposes of Rule D2, membership of the six Zones is to be determined by the boundaries specified in Rule D2 even though all or any of the Local Authorities may be abolished or their boundaries altered by any final reorganisation scheme or other final scheme whether implemented under the Local Government Act 2002 or otherwise.

D4. In the event that the district of a Member Authority is or becomes located in more than one Zone, or if for any other reason it is unclear to which Zone a Member Authority belongs, the matter must be determined by resolution of the National Council.

D5. The National Council may redefine the membership of any Zone after consultation with all affected members. Upon making any change the National Council will notify all members of its decision and of the date on which it becomes effective.

ZONE FUNCTIONS

D6. In addition to making appointments to the National Council, Zones may:

(a) Provide information and advice on issues and concerns affecting members to the National Council and the Chief Executive, and receive and disseminate information to their members; and

(b) Assist the National Council and the Chief Executive in dealing with national issues and in otherwise furthering the objects of LGNZ.

SECTOR GROUPS

D7. There shall be four sector based groupings of Member Authorities known as Sector Groups made up as follows:

(a) Metropolitan Group - All territorial authorities and unitary authorities having populations of 90,000 or over;

(b) Provincial Group - All territorial authorities and unitary authorities having populations of 20,000 or over and less than 90,000;

(d) Regional Group - All regional councils and unitary authorities.

D8. Subject to Rule D9, each Member Authority, by virtue of its membership of LGNZ belongs to a Sector Group specified in Rule D7.

D9. Any Member Authority, may apply to the Chair of the Sector Group to which it would prefer to belong and may belong to a Sector Group different from that specified in Rule D7 if:

(a) The Chair of the Sector Group to which it applies agrees in writing; and

(b) The decision of the Chair is confirmed by National Council.

D10. For the purpose of making any appointment under paragraphs (c) or (d) or (e) of Rule E1:

(a) No Member Authority may vote in respect of more than one Sector Group; and

(b) A Member Authority which is a unitary authority may vote either as a territorial authority or as a member of the Regional Group but not both.

D11. For any purpose other than making an appointment under paragraphs (c) or (d) or (e) of Rule E1:

(a) No member is bound to any Sector Group; and

(b) Any Member Authority may attend meetings of any Sector Group and be treated, subject to the following paragraph (c), as a member of that Sector Group; and

(c) Member Authorities who are described as belonging to a particular Sector Group in Rule D7 may determine from time to time whether other Member Authorities who attend meetings of their Sector Group have voting rights, either generally or in regard to any particular case.

SECTOR GROUP FUNCTIONS

D14. In addition to making appointments to the National Council, Sector Groups may:

(a) Provide information and advice on issues and concerns affecting members to the National Council and the Chief Executive, and receive and disseminate information to their members; and

(b) Assist the National Council and the Chief Executive in dealing with national issues and in otherwise furthering the objects of LGNZ.

ZONE AND SECTOR GROUP MEETINGS

D15. Each Zone and each Sector Group must comply with any directions of the National Council as to:

(a) The making of appointments;

(b) The conduct of meetings; or

D16. Each Zone and each Sector Group must meet or conduct ballots at such time or times to enable appointments to the National Council to be made in accordance with these Rules.

D17. Subject to the preceding provisions of these Rules, each Zone and each Sector Group may conduct meetings at such times and places, and in such manner as it determines.

D18. No Zone or Sector Group meeting may be held unless LGNZ and all Member Authorities within the Zone or Sector Group concerned have been given not less than 5 working days' notice of the meeting, venue and the business to be considered.

D19. The President and Chief Executive (or their nominees) are entitled to be notified of, attend, and have speaking rights at all Zone and Sector Group meetings.

D20. A record must be kept of all Zone and Sector Group meetings and a copy of the record forwarded to LGNZ.

D21. Subject to any directions by the National Council, each Zone or Sector Group is responsible for determining the manner of administering and funding its activities but the cost of any services to be provided by LGNZ must first be agreed with the National Council.

D22. At all times each Zone and Sector Group must have a person designated as its Chair.

E
NATIONAL COUNCIL

COMPOSITION OF NATIONAL COUNCIL

E1. The National Council of LGNZ consists of the President and 14 members appointed as follows:

(a) Two persons appointed by Zone One;

(b) One person appointed by each of Zones Two, Three, Four, Five and Six;

(d) Two persons appointed by the Regional Group;

(e) One person appointed by each of the Provincial and Rural Groups.

QUALIFICATION AND VOTING

E2. Every person who holds office as an Elected Member is qualified to be appointed to or assume office as a member of the National Council as the case may be.

E3. No Local Authority or any representative of a Local Authority is entitled to make an appointment or to vote in the making of appointments pursuant to Rule E1 unless the Local Authority is a Member Authority.

E4. Subject to the determination referred to in Rule E6, no Member Authority is entitled to exercise more than one vote for any candidate for appointment under Rules E1(c) or (d) or (e).

E5. Subject to these Rules, each Zone and each Sector Group is entitled to determine the manner in which its appointments will be made.

SECTOR GROUP APPOINTMENTS

E6. Appointments of National Council members by Sector Groups must be made in the following manner:

(a) Elections in each Sector Group must be held within eight weeks after the triennial local government elections are held;

(b) Elections are to be conducted under the supervision of the Chief Executive by way of secret ballot and may be carried out by postal vote or electronic voting;

(d) If any matter arises in the conduct of the elections which is not expressly provided for in these Rules, the Chief Executive must determine the matter in his or her absolute discretion but may be guided by the provisions of the Local Electoral Act 2001;

(e) As soon as practicable after the closing of voting the Chief Executive must declare the result of the election;

(f) If, on any count, two or more candidates have an equal number of votes and one or more of them has to be excluded, the candidate or candidates to be excluded must be decided by the drawing of lots under a procedure supervised by the Chief Executive.

E7. Appointments of National Council members by Sector Groups are for a period of three years except where Rule E16 applies.

ZONE APPOINTMENTS

E8. Appointments of National Council members by Zones must be made in the following manner:

(a) Elections in each Zone must be held within eight weeks after the triennial local government elections are held;

(b) Elections are to be conducted under the supervision of the Chief Executive by way of secret ballot and may be carried out by postal vote or electronic voting;

(e) As soon as practicable after the closing of voting the Chief Executive must declare the result of the election;

E9. Appointments of National Council members by Zones are for a period of three years, except where Rule E16 applies. Once notified, the persons appointed are not able, while holding office on the National Council, to also hold appointment under Rules E1(c) to (e).

APPOINTMENTS GENERALLY

E10. Persons appointed to the National Council under Rules E1 to E9 assume office on the day that is eight weeks after the triennial local government elections are held, and subject to Rules E12 to E16 serves in office until their successors have assumed office.

E11. In the event that any appointment required to be made in terms of these Rules is not made, a vacancy shall be deemed to result. The vacancy must be filled by appointment by the National Council as soon as practicable.

VACANCIES

E12. If any National Council member (other than the President):

(a) Resigns from the National Council by giving written notice to that effect to the Chief Executive; or

(b) Subject to Rule E13, ceases to hold office as an Elected Member; or

then that person's position as a National Council member immediately becomes vacant.

E13. If a National Council member ceases to hold office as an Elected Member by not standing for election, or failing to win election, at a triennial local government election, the person continues to hold office as a National Council member until his or her successor assumes office under Rule E10.

E14. If any National Council member is absent for two consecutive meetings of the National Council, without leave of absence granted by, or an apology satisfactory to, the National Council, then that person's position may be declared vacant by the National Council.

E15. Subject to Rules E1 to E14, in the event of any position on the National Council (other than the office of the President) becoming vacant, the Chief Executive must immediately give written notice to all Member Authorities entitled to have appointed that member, and the relevant Zone or Sector Group may appoint a replacement person to the vacant position. If within two months after the giving of such notice, the vacancy has not been filled, the National Council has the power to fill the vacancy by appointment.

E16. Any person appointed under Rule E15 holds office only for the unexpired portion of the term of office of that person's predecessor.

E17. The National Council may continue to act with a vacancy in its numbers, but if, and so long as, its numbers are reduced below six, the continuing members of the National Council may only act for the purposes of increasing the number of members of the National Council to six or more or for exercising any powers under Part G vested in the National Council.

POWERS OF NATIONAL COUNCIL

E18. The National Council has and may exercise the sole control, discretion and governance of LGNZ subject only to any limitations imposed by these Rules or directions given by the Annual General Meeting or any Special General Meeting.

NATIONAL COUNCIL MEETINGS AND PROCEDURES

E19. Meetings of the National Council must be held in accordance with Rules E20 to E29.

E20. Meetings of the National Council must be held at the times and places as are fixed by the National Council, or as requisitioned by written notice to the Chief Executive signed by the President or any three National Council members.

E21. Subject to Rule E23, the Chief Executive must give each National Council member at least 5 working days’ notice of a meeting of the National Council and must, before each meeting, forward to each National Council member details of the venue and business to be transacted at the meeting.

E22. Despite Rule E21, the National Council may deal with other business at the meeting only if a majority of the National Council agrees.

E23. In circumstances in which the President or Chief Executive determine that business has arisen requiring urgent attention by the National Council, a meeting must be held on not less than 48 hours’ notice being given by the Chief Executive, (or shorter notice if every member of the National Council agrees) and only the business notified may be transacted at that meeting.

E24. The President shall preside at all National Council meetings but if the President is absent, the meeting must appoint a Chair.

E25. Each National Council member present at any meeting of the National Council is entitled to one vote, and in the event of an equality of votes, the Chair of the meeting is entitled to exercise a second or casting vote. Proxy voting is not permitted.

E26. At any meeting of the National Council, a quorum exists when not less than eight of the total number of National Council members then in office are present.

E27. If a quorum is not present within one hour of the time fixed for a National Council meeting, the meeting shall lapse. If the meeting ceases to have a quorum for any period, no business may be conducted during that time.

E28. For the purposes of Rules E26 and E27, a quorum exists at a meeting when sufficient persons to make up the quorum are:

(a) Assembled together at the place fixed for the meeting; or

(b) Are linked by means of audio or audio and visual communication and can simultaneously hear each other; or

E29. Subject to Rules E19 to E29A, the National Council may regulate its own procedures.

E29A. The National Council may pass a resolution without a meeting, but only if the resolution is assented to by every member of the National Council.

NATIONAL COUNCIL COMMITTEES

E30. The National Council may appoint committees for general or special purposes and may delegate any of its powers to such committees except the powers in Rules C5, E11, E14, and E15.

E31. The National Council must appoint the Chair of each committee who shall preside at all meetings of the committee, but if that person is absent, the meeting must appoint a member of the committee to preside at that meeting.

E32. From time to time, the National Council may appoint to any committee appointed under Rule E30, any person whom the National Council believes will assist the committee in its deliberations because of that person's training, qualifications or experience. Any such person is not required to be qualified to be a National Council member or an elected member. The National Council may discharge any such person from a committee in like manner.

E33. Every committee appointed under Rule E30 must report to the National Council, and its report must be adopted by the National Council before any action is taken in respect of the matter, unless the committee has been appointed with specific authority to act, as set out in that committee’s terms of reference.

E34. The Chair of any committee may arrange for the attendance of any person at a committee meeting and that person has full speaking rights at that meeting. The President and the Chief Executive have the right to be notified of, attend, and have speaking rights at any committee meeting.

E35. Where there is urgent business to be transacted by any committee, the Chair of that committee or the Chief Executive may convene a meeting on such notice as can conveniently be given; otherwise committee meetings must be convened at such times and on such notice as the committee so determines.

E36. Each committee member present at any meeting of a committee is entitled to one vote, and in the event of an equality of votes, the Chair of the meeting is entitled to exercise a second or casting vote.

E37. At any meeting of a committee, a quorum exists when not less than one third of the total number of members of the committee are present.

E38. If a quorum is not present within one hour of the time fixed for a committee meeting, it shall lapse. If the meeting ceases to have a quorum for any period, no business may be conducted during that time.

E39. For the purposes of Rules E37 and E38 a quorum exists at a meeting when sufficient persons to make up the quorum are:

(a) Assembled together at the place fixed for the meeting; or

(b) Are linked by means of audio or audio and visual communication and can simultaneously hear each other; or

E40. Subject to these Rules, and any directions from the National Council each committee may regulate its own procedures, including the ability to create working groups reporting to it on such issues as are necessary to advance the purposes of the committee.

F
PRESIDENT AND VICE PRESIDENT

ELECTION OF PRESIDENT

F1. The President must be elected by ballot of Member Authorities in accordance with these Rules at the Annual General Meeting in the year following the year in which triennial local government elections are held.

F2. Any person who is an Elected Member at the close of nominations for the role of President is qualified to be elected to the office of President and holds the office in accordance with these Rules.

F3. The election for President must be conducted in accordance with the Preferential Voting System set out in these Rules.

F4. For the purpose of the Preferential Voting System set out in these Rules,

ABSOLUTE MAJORITY OF VOTES, in relation to a candidate, is the number of votes which is greater than one-half of the total number of votes other than non-transferable and informal votes.

NON-TRANSFERABLE VOTE means a voting form on which no second or consecutive preference is recorded for an unexcluded candidate, and non-transferable has a corresponding meaning.

F5. Each Member Authority has the number of votes as set out in Rule H1. Each vote is transferable.

F6. Each Member Authority exercises its vote:

(a) By marking on the voting form the number "1" in the box next to the name of the candidate who is the Member Authority's first preference; and

(b) By marking on the voting form further consecutive numbers in descending order of preference in any or all of the remaining boxes next to the names of the remaining candidates (for example, "2" for the Member Authority's second preference, and "3" for the Member Authority's third preference and so on).

F7. The number of first preferences recorded for each candidate must be counted and all informal voting forms must be rejected.

F8. The candidate who obtains an absolute majority of votes is elected.

F9. If no candidate has an absolute majority of votes, the candidate who has the fewest votes is to be excluded and each voting form counted to that candidate, unless non-transferable, must be counted to the unexcluded candidates next in the order of the Member Authority's preference.

F10. The process in Rule F9 must be repeated until one candidate has an absolute majority of votes.

F11. In this Preferential Voting System, a vote must be set aside as informal if:

(a) The figure "1" standing alone is not placed so as to indicate a first preference for a candidate; or

(b) At the point at which (and not before) the same preference is set opposite the name of more than one candidate; or

(d) The voting form is unmarked or void for uncertainty.

F12. For the purpose of these Rules,

(a) Every voting form not rejected as informal must be counted in every count until it becomes non-transferable when it must be rejected in all further counts; and

If a candidate is excluded, any voting form counted to the candidate is non-transferable if there is not indicated on it a consecutive preference for 1 or more unexcluded candidates.

F12A. For the avoidance of doubt, for the purposes of Rules F4 – F12, a voting form includes any electronic means of casting a vote.

F13. If, on any count, two or more candidates have an equal number of votes and one or more of them has to be excluded, the candidate or candidates to be excluded must be decided by the drawing of lots under a procedure supervised by the Chief Executive.

F14. A person elected to the office of President in accordance with Rules F1 to F16 assumes office immediately upon the declaration of the closure of the Annual General Meeting at which that person is elected, and subject to Rules F20, and F27 to F32 holds office until a successor assumes office.

F15. No person may hold office as President for more than three consecutive terms, provided that any person who holds office as President by virtue of an appointment in accordance with Rules F27 to F32 is eligible for re-election at the end of the unexpired term of office of that person's predecessor. For the avoidance of doubt, a term under this Rule does not include any period of office held by a President by virtue of an appointment in accordance with Rules F27 to F32.

F16. The President is a National Council member solely by right of holding the office of President. Where the person elected is already a National Council member, the vacancy that is created must be filled in accordance with Rules E12 to E17.

CONFIDENCE IN PRESIDENT

F17. A motion that the President must vacate office may be moved only at:

(a) A Special General Meeting called in accordance with Rule G7, for the purpose of moving that motion; or

(b) An Annual General Meeting where the requirements of Rules F18 and F19 have been met.

F18. Member Authorities may petition the Chief Executive to include in the business of the Annual General Meeting a motion that the President must vacate office. Rules G9 to G11 apply to the petition. The Chief Executive must receive the petition at least 21 days before the date of the Annual General Meeting.

F19. If the requirements of Rule F18 have been met, the Chief Executive must ensure that the motion is included on the agenda of the Annual General Meeting. Notice of the motion must be included in the notice of business that must be given to each member authority under Rule G5.

F20. At the Special General Meeting or the Annual General Meeting, the motion that the President must vacate office will be carried if there is simple majority of votes cast in favour of the motion. On the declaration that the motion is carried:

(a) The President is deemed to have resigned immediately on that declaration; and

(b) Rules F28 and F29 apply as if there were a vacancy in the office of President.

ELECTION OF VICE-PRESIDENT

F21. The Vice-President must be elected by ballot of Member Authorities in accordance with these Rules at the Annual General Meeting in the year following the year in which triennial local government elections are held.

F22. Any person (other than the President) holding office as a National Council member at the time at which the election for Vice-President is held, is qualified to be elected to the office of Vice-President.

F23. The election for Vice-President must be conducted in accordance with the Preferential Voting System used for the election of the President as set out in Rules F4 to F13.

F24. A person elected as Vice-President in accordance with Rules F21 to F23 assumes office immediately upon the declaration of the closure of the Annual General Meeting at which that person is elected, and, subject to Rules F37 to F41, holds office until a successor assumes office.

F25. Subject to Rules E12 to E17 and F37 to F41, any person elected to the office of Vice-President continues to hold office as a National Council member representing the Zone or Sector Group by which that person was appointed.

F26. Any person may hold office as Vice-President for as many consecutive terms as that person may be elected to the National Council.

VACANCY IN THE OFFICE OF PRESIDENT

F27. If any person holding office as President:

(a) Resigns from that office by giving written notice to that effect to the Chief Executive; or

(b) Ceases to hold office as an elected member for any reason;

the office immediately becomes vacant except that a President who ceases to be an Elected Member by not standing for election, or failing to win election, at a triennial local government election continues to hold office as President as provided in Rule F14 until the new President assumes office under Rule F14.

F28. In the event of a vacancy occurring in the office of President within 24 months after the person assumed that office in terms of Rule F14,

(a) Rule F34 applies; and

(b) A ballot must be held, subject to Rule F30, as soon as practicable to elect an Elected Member to the vacant office of President.

F29. In the event of a vacancy occurring in the office of President in any other case, Rule F35 applies.

F30. All the provisions of Rules F1 to F16 apply, with any necessary modifications, to any ballot held under Rule F28, subject to the following:

(a) The close of nominations is at a date and time nominated by the Chief Executive being not less than four weeks nor more than six weeks after the vacancy arises; and

(b) Any person who is an Elected Member at the close of nominations is qualified to be elected to the office of President; and

(c) No voting form is valid unless signed by the Mayor or Chairperson of the Member Authority, or in that person’s absence by the Deputy Mayor or Deputy Chairperson, or in that person’s absence by the chief executive provided that no person (other than the Mayor or Chairperson) may sign the voting paper unless authorised to do so by the Mayor or Chairperson or by a resolution of the Member Authority;

(d) Completed voting forms must be returned to the Chief Executive not later than a date and time determined by the Chief Executive being not less than four weeks and not more than six weeks after the close of nominations; and

(e) The person elected assumes office immediately on the declaration of the result of the election.

F30A For the avoidance of doubt, for the purposes of Rule F30, a voting form includes any electronic means of casting a vote.

F31. Where the filling of any vacancy in the office of President creates a vacancy on the National Council, that vacancy must be filled in accordance with Rules E12 to E17.

F32. Any person elected under Rule F28 holds office only for the unexpired portion of the term of office of that person's predecessor.

ACTING PRESIDENT

F33. The Vice-President is the Acting President for any period during which the President:

(a) Is overseas; or

(b) Is unable to undertake the duties of office; or

F34. In the event of a vacancy occurring in the office of President within 24 months after the person assumed that office in terms of Rule F14, the Vice-President is the Acting President until a ballot is held as set out in Rule F28 and a new President has assumed office in accordance with Rule F30(e).

F35. In the event of a vacancy occurring in the office of President in any other case, the Vice-President is the Acting President until a new President is elected in accordance with Rules F1 to F16.

F36. If there is, at the same time, a vacancy in the office of President and a vacancy in the office of Vice-President within 24 months of the President and Vice-President assuming office in terms of Rule F14 and Rule F24, the National Council must appoint a National Council member to be Acting President until a ballot is held as set out in Rule F28 and a new President has assumed office in accordance with Rule F30(e).

F37. No vacancy occurs on the National Council by reason of the Vice‑President being the Acting President, or by reason of a National Council member being the Acting President in accordance with Rule F36.

VACANCY IN THE OFFICE OF VICE-PRESIDENT

F37. If any person holding office as Vice-President -

(a) Resigns from the National Council or from the office of Vice-President by giving written notice to that effect to the Chief Executive; or

(b) Ceases to hold office as an elected member;

the office immediately becomes vacant.

F38. In the event of a vacancy occurring in the office of Vice-President within 24 months after the person assumed that office in terms of Rule F24, a ballot must be held, subject to Rule F40, as soon as practicable to elect a National Council member to the vacant office of Vice-President.

F39. In the event of a vacancy occurring in the office of Vice-President in any other case, the National Council must appoint a National Council member to the vacant office of Vice-President.

F40. Rule F23 applies, to any ballot held under Rule F38, subject to the following:

(a) The close of nominations is at a date and time nominated by the Chief Executive being not less than four weeks nor more than six weeks after the vacancy arises;

(b) Completed voting forms must be returned to the Chief Executive not later than a date and time determined by the Chief Executive being not less than four weeks and not more than six weeks after the close of nominations; and

(c) No voting form is valid unless signed by the Mayor or Chairperson of the Member Authority, or in that person's absence by the Deputy Mayor or Deputy Chairperson, or in that person's absence by the chief executive provided that no person (other than the Mayor or Chairperson) may sign the voting paper unless authorised to do so by the Mayor or Chairperson or by a resolution of the Member Authority; and

(d) The person elected assumes office immediately on the declaration of the result of the election.

F40A. For the avoidance of doubt, for the purpose of Rule F40, a voting form includes any electronic means of casting a vote.

F41. Any person elected under Rule F38 or appointed under Rule F39 holds office only for the unexpired portion of the term of office of that person's predecessor.

G
ANNUAL AND SPECIAL GENERAL MEETINGS

ANNUAL GENERAL MEETING

G1. An Annual General Meeting of Member Authorities must be held on or before the 31st day of July in each year at such time and place that is fixed by LGNZ.

G2. The following business is to be conducted at the Annual General Meeting, but in such order as is determined by the National Council or the President:

(a) President's Report and Annual Report;

(b) Financial Statements and Annual Statement of Accounts;

(ca) Fixing honoraria, if any, for the President, Vice‑President, and National Council members;

(d) Date and venue of next Annual General Meeting and any future Special General Meetings that may have been determined by the National Council;

(e) Any notice or notices of motion to alter, add to, rescind or otherwise amend the Rules of LGNZ;

(f) Any other business that the National Council or the Annual General Meeting resolves to be considered.

G3. Where any Zone or Sector Group or Member Authority wishes to bring any remit or report before the Annual General Meeting for discussion, the remit or report must be forwarded to the Chief Executive not less than two months before the date of the meeting; however the National Council has a discretion to accept late remits or reports if received less than two months before the date of the meeting.

G4. Remits, reports and other matters approved by the National Council for consideration at the Annual General Meeting must be placed on the meeting agenda .

G5. Not later than 10 working days before the date of the Annual General Meeting, notice of the business to be considered together with all reports and statements referred to in Rule G2 must be provided to each Member Authority.

G6. A report of the proceedings of the Annual General Meeting must be provided to each Member Authority.

SPECIAL GENERAL MEETING

G7. A Special General Meeting of LGNZ to discuss any issue of relevance to members may be called:

(a) By the National Council under Rule G8; or

(b) By the Chief Executive under Rule G12.

G8. The National Council may call a Special General Meeting of LGNZ at any time. However, any such Special General Meeting may only be held when notice of the meeting, the venue and the business to be considered has been given to each member authority at least five working days before the date of the meeting.

G9. Member Authorities may petition the Chief Executive to call a Special General Meeting of LGNZ. The petition must:

(a) Subject to Rules G10 and H4, be signed by Member Authorities representing one third or more of the voting entitlement of all Member Authorities as set out in Rule H1; and

(b) State the issue or issues to be addressed at the Special General Meeting.

G10. No Member Authority may sign the petition unless it has passed a resolution to that effect. A copy of the resolution must be sent to the Chief Executive with the petition. The Member Authorities petitioning the Special General Meeting must be from more than one Sector Group and from more than one Zone.

G11. On receiving the petition, the Chief Executive must give notice to all Member Authorities that he or she has received the petition together with a copy of the petition.

G12. If the Chief Executive is satisfied that the requirements of Rules G9 and G10 have been met, the Chief Executive must:

(a) Call a Special General Meeting to be held within 4 weeks after the date on which the Chief Executive received the petition; and

(b) Determine the time and venue of the meeting; and

(c) Give notice of the meeting, the venue, and the business to be considered to each Member Authority at least five working days before the date of the meeting.

DELEGATES

G13. At the Annual General Meeting and Special General Meetings, Member Authorities admitted to membership under Rule C1 are entitled to representation as follows:

(a) Member Authorities (other than Regional Councils) having populations of 50,000 or over - not more than 4 delegates;

(b) Member Authorities (other than Regional Councils) having populations of 10,000 or over and less than 50,000 - not more than 3 delegates;

(c) Member Authorities (other than Regional Councils) having populations of less than 10,000 - not more than 2 delegates;

(d) Regional Councils having populations of 250,000 or over - not more than 4 delegates;

(e) Regional Councils having populations of 100,000 or over and less than 250,000 - not more than 3 delegates;

(f) Regional Councils having populations of less than 100,000 - not more than 2 delegates.

G14. At the Annual General Meeting and Special General Meetings, associate members admitted to membership under Rule C2 are entitled to be represented by not more than 2 delegates, unless otherwise determined by the National Council under Rule C3(b).

G15. Every Member Authority must appoint one of its delegates as its presiding delegate and may appoint one or more alternate delegates; provided that the number of alternate delegates does not exceed the number of delegates appointed.

G16. The chief executive, Mayor or Chairperson of each Member Authority, shall forward to the Chief Executive the name and official position of the presiding delegate, other delegates and all persons appointed by that Member Authority as an alternate for any delegate who may be absent from the floor of the meeting.

G17. In Rules G13 to G16 the term "delegate" includes both an Elected Member and an officer of a Member Authority and may include members of the National Council.

G17A. For the avoidance of doubt, for the purpose of Rules G13 to G17, the names of delegates may be provided to the Chief Executive in electronic form.

PROXIES

G18. At any Annual General Meeting or Special General Meeting, the votes provided for in Part H may be exercised by a Member Authority by proxy in accordance with this Rule.

G19. The provisions of Part H apply, with any necessary modifications, to any person who is a proxy of a Member Authority as though that person was a delegate of the Member Authority.

G20. Proxies must be appointed in writing in this form or a similar form (which for the purposes of this Rule includes any electronic form):

NEW ZEALAND LOCAL GOVERNMENT ASSOCIATION INCORPORATED

The Council, a member authority of Local Government New Zealand, appoints of

or failing him/her

as its proxy to vote on its behalf at the Annual General Meeting or Special General Meeting of Local Government New Zealand, to be held on the day of 20 and at any adjournment thereof.

SIGNED this day of 20

Signature

Name

Designation

who, by signing this proxy confirms that he or she is entitled to do so.

G21. Any instrument appointing a proxy appearing to be executed in accordance with these Rules, including any electronic instrument, must, in the absence of evidence to the contrary, be treated as valid.

G22. No instrument creating a proxy is valid unless:

(a) It is provided to LGNZ at least 48 hours before the time at which the Annual General Meeting or Special General Meeting is to commence, or

(b) A motion is passed at the meeting to accept it.

CHAIR

G23. The President shall preside at the Annual General Meeting and any Special General Meeting. If the President is absent then the meeting must, by resolution, appoint a Chair, and the Chief Executive or the Chief Executive's nominee must preside at the meeting for the purposes of making such appointment.

G24. The President or the Chair of the meeting has the power to propose or second any motion even though the President or the Chair, may not be a delegate of a Member Authority.

QUORUM

G25. Subject to Rule G23, at the Annual General Meeting, a Special General Meeting or at a Zone or Sector Group meeting, a quorum consists of one half the total number of Member Authorities entitled to be represented and vote when that number is even, and a majority of such Member Authorities when the number is odd.

G26. If a quorum is not present within one hour of the time fixed for the meeting, the meeting will lapse. If the meeting ceases to have a quorum for any period, no business may be conducted during that time.

G27. For the purpose of calculating whether or not a quorum is present at any Annual General Meeting or Special General Meeting, member authorities whose voting at the meeting will be by proxy are to be treated as being present.

CONDUCT OF MEETINGS

G29. Subject to the requirements of these Rules, the Annual General Meeting or any Special General Meeting or Zone or Sector Group meeting may by resolution fix rules of debate and rules for the conduct of the meeting. Subject to any such resolution, a ruling of the President or Chair (as the case may be) on any point of order is final and conclusive.

H
VOTING AND ELECTIONS

VOTING

H1. Subject to Rules H3 to H5, at the Annual General Meeting, and any Special General Meeting, or Zone or Sector Group meeting, or for the purposes of any petition under Rule G9, Member Authorities admitted to membership under Rule C1 are entitled to vote as follows:

(a) Member Authorities having an annual subscription of $100,000 or over – 6 votes plus 1 vote for every $20,000 increment (in whole) in excess of $100,000:

(b) Member Authorities having an annual subscription of $80,000 to $99,999– 6 votes:

(d) Member Authorities having an annual subscription of $30,000 to $49,999 – 3 votes:

(e) Member Authorities having an annual subscription of $20,000 to $29,999 – 2 votes:

(f) Member Authorities having an annual subscription of less than $20,000– 1 vote.

H2. At the Annual General Meeting, any Special General Meeting, or any Zone or Sector Group meeting, persons or organisations admitted to associate membership under Rule C2 are not entitled to vote.

H3. No Member Authority whose annual subscription is in arrears is entitled to vote at any Annual General Meeting or Special General Meeting or at any Zone or Sector Group meeting or by ballot involving elections to the National Council, , until the arrears are paid.

H4. With respect to a petition under Rule G9:

(a) No associate member admitted to membership under Rule C2 is entitled to sign the petition unless the National Council has determined, in accordance with Rule C3 that associate members of that kind may sign the petition; and

(b) No Member Authority, or associate member whose annual subscription is in arrears is entitled to sign the petition.

H5. Subject to Part K, at any Annual General Meeting, Special General Meeting or Zone or Sector Group meeting resolutions are carried by a simple majority of votes.

H6. At any Annual General Meeting, Special General Meeting, or Zone or Sector Group meeting, in the event of an equality of voting (whether on a poll or otherwise), the President, or Chair as the case may be, has the casting vote.

H7. At any Annual General Meeting, Special General Meeting, or Zone or Sector Group meeting, the manner of voting on any issue is determined by the Chair, provided that the Chair, any delegate or Member Authority may demand a poll and on the taking of a poll, each Member Authority present is entitled to vote in accordance with Rule H1.

H8. If a poll is taken at any Annual General Meeting, Special General Meeting, or Zone or Sector Group meeting each Member Authority must be provided with one voting form which must indicate the number of votes the Member Authority receiving it is entitled to exercise, and no Member Authority is entitled to divide its votes for and against the motion. No voting form is valid unless signed by the presiding delegate or notified alternate.

H9. A demand for a poll does not prevent the continuance of any Annual General Meeting or meeting for the transaction of any business, other than in respect of the question upon which the poll is demanded.

CONDUCT OF ELECTIONS – PRESIDENT AND VICE-PRESIDENT

H10. The ballots referred to in Part F must be conducted in accordance with Rules H11 to H24.

H11. The Chief Executive must act as Returning Officer and is responsible for the conduct of the elections in accordance with these Rules.

H12. Should any matter arise in the conduct of the elections which is not expressly provided for in these Rules, the Chief Executive must determine the matter in his or her absolute discretion, but may be guided by the provisions of the Local Electoral Act 2001.

H13. All nominations must be in writing signed by the Mayor, Chairperson, Deputy Mayor, Deputy Chairperson, or Chief Executive of a Member Authority and must be seconded in writing on the same or another document by one of those office holders of another Member Authority.

H14. Nomination and seconding forms must be received by the Chief Executive not later than 31 May in the year in which the election is to be held.

H15. Any nomination signed in accordance with, and otherwise appearing to comply with these Rules is deemed to be valid for all purposes and LGNZ is not required to inquire into its validity for any purpose whatsoever.

H15A. Subject to the requirements of Rules H13 to H15, for the avoidance of doubt, nomination and seconding forms may be provided in electronic form.

H16. If only one nomination is received for the office of President by the time nominations close, the person nominated is immediately deemed to be elected and must be declared President-elect by the Chief Executive. If no nominations are received by the date nominations close, then the National Council must meet as soon as practicable to determine how the office may be filled and has full power to decide on the procedures to apply to ensure that the office of President is filled.

H17. If only one nomination is received for the office of Vice-President by the time nominations close, the person nominated is immediately deemed to be elected and must be declared Vice-President elect by the Chief Executive. If no nominations are received by the date nominations close, then the National Council has the power to fill the vacancy on the next occasion it meets after the vacancy has occurred.

H18. On the close of nominations the Chief Executive must prepare, for each member authority, voting forms listing the validly nominated candidates to be distributed at the Annual General Meeting. A list of the validly nominated candidates for each office and any biographical material (which may include a photograph and not more than 150 words) provided by the candidates for distribution must be distributed with the Annual General Meeting papers.

H19. At any Annual General Meeting at which the election of the President is to occur, voting forms for the election of the Vice-President may not be issued and that election may not take place until the result of the election of the President has been declared.

H20. No voting form is valid unless signed by the presiding delegate or notified alternate.

H21.

H22. Duly completed voting forms must be returned to the Chief Executive, or to any scrutineers appointed by the Chief Executive at the Annual General Meeting, not later than the close of voting.

H23. As soon as practicable after the close of voting the Chief Executive must declare the result of the election to the Annual General Meeting.

H24. As soon as practicable after any election, the Chief Executive must on the motion of the Annual General Meeting or the National Council destroy the voting forms.

H25. For the avoidance of doubt, for the purposes of Rules H18 to H24 any reference to voting form includes any electronic means of voting.

I
MANAGEMENT

I1. The National Council shall appoint a Chief Executive for such remuneration and on such terms and conditions as it thinks fit, and may terminate or suspend the employment of any Chief Executive so appointed by it, subject to the law and any conditions agreed to in the Chief Executive’s employment agreement.

I2. The Chief Executive is responsible to the National Council for employing, on its behalf, the staff of LGNZ and negotiating the terms of their appointment and may, subject to the law and any conditions in an employment agreement applying to an employee, remove or suspend any employee from his or her employment.

I3. The Chief Executive is responsible to the National Council for the administration of the affairs of LGNZ in accordance with policies or directions resolved from time to time by LGNZ or the National Council.

I4. The Chief Executive has such additional specific powers and authorities as are delegated by the National Council from time to time, including the power to subdelegate. The Chief Executive may also delegate to any officer or employee of LGNZ any of the powers, functions and duties conferred upon the Chief Executive under these Rules, including from time to time appointing an Acting Chief Executive for such period and on such terms as it thinks fit, to carry out the powers, functions and duties of the Chief Executive during any absence of the Chief Executive.

I5. The National Council may, from time to time, appoint an Acting Chief Executive for such period and on such terms as it thinks fit, to carry out the powers, functions and duties of the Chief Executive during any vacancy in that office.

J
FINANCIAL MANAGEMENT

FINANCIAL YEAR

J1. The financial year of LGNZ commences on the first day of April in each year and closes on the following 31st day of March.

SUBSCRIPTIONS

J2. From time to time, the National Council may by resolution, prescribe the subscriptions, fees or other payments, annual or otherwise, to be paid by Member Authorities and associate members, and, subject to Rule J4, the time and manner of payment of any such subscriptions, fees, or payments.

J3. Any resolution may prescribe different subscriptions, fees or other payments for different Member Authorities or associate members, or classes of Member Authorities, or associate members and provide for exemptions of any subscription, fee or other payment.

J4. The annual subscription is payable in the month of April in the financial year to which it relates.

CONTROL AND USE OF FUNDS

J5. All moneys received by or on behalf of LGNZ must be banked immediately in suitable bank accounts in the name of LGNZ (or in the case of a trust account, in such name as clearly identifies the trust) and all cheques or other payment on such accounts must be signed by not less than two signatories from a list of signatories approved by the National Council (or by the trustees) and must be passed for payment or confirmed by the National Council (or as the case may be by the trustees).

INCOME AND PROPERTY

J6. Subject to Rules L9 to L11, the income and property of LGNZ must be applied towards the promotion of its objects, and no portion may be paid or transferred directly or indirectly to any Member Authority or associate member; provided that LGNZ may in good faith, pay to a National Council member, other member or officer of a Member Authority or associate member, or any other body, corporation or person, any or all of the following as may be decided, by the National Council or, acting under delegation, by the Chief Executive:

(a) Remuneration for services rendered or payment for goods supplied;

(b) Honoraria, except for the President, Vice-President and National Council members, and annual, daily, and incidental allowances and out of pocket expenses (including travel and accommodation allowances) incurred in any manner in the reasonable and proper conduct of the affairs of LGNZ.

AUDITOR

J7. In accordance with the Public Audit Act 2001, the auditor of LGNZ is the Auditor-General and the provisions of the Public Audit Act 2001 apply to the audit of the financial statements of LGNZ.

K
ALTERATION OF THE RULES

K1. A change to these Rules may be initiated by-

(a) A resolution of the National Council; or

(b) A Member Authority giving more than one month's notice to LGNZ before the Annual General Meeting or any Special General Meeting called for the purpose of discussing changes to the Rules.

K2. In all cases, written notice of the proposal to change the Rules must be given to every Member Authority at least 10 working days before the Annual General Meeting or the Special General Meeting.

K3. Every proposal to change the Rules must clearly identify the words to be deleted from the Rules and any words to be added to the Rules.

K4. At a meeting at which the motion to change the Rules is considered-

(a) Any motion to amend a motion to change the Rules may be passed by a simple majority; but

(b) Any motion to change the Rules must be passed by resolution of a two-thirds majority of the valid votes cast.

L
MISCELLANEOUS

COMMON SEAL

L1 LGNZ must adopt a Common Seal which must be kept under the control and in the custody of the Chief Executive.

L2. Any two of the President, Vice President or Chief Executive, must attest the execution under seal of documents to be executed by LGNZ.

L3. The Common Seal must only be affixed pursuant to a resolution of the National Council or an Annual General Meeting or Special General Meeting.

NOTICE

L4. Any notice to be given to, or any document to be deposited with LGNZ or the Chief Executive, is to be regarded as given or deposited when received at the registered office of LGNZ; or if posted then three days after being posted to the usual postal address of LGNZ, or if sent electronically at the time that the notice arrives in the inbox of the Chief Executive’s email address.

L5. Any notice to a Member Authority or associate member is to be regarded as given when received at the principal office of the Member Authority or associate member or three days after being posted to the usual postal address of the member authority or associate member or if sent electronically at the time that the notice arrives in the inbox of an appropriate email address for the Member Authority or associate member.

L6. In Rules L4 and L5 "received" includes received by facsimile or electronic means during ordinary business hours or if received outside those hours then at 9:00am on the next business day.

L7. No notice is to be regarded as having been given or received if in accordance with the usual protocols of that kind of notice, the sender has been notified of a failure of delivery.

L8. An inadvertent, unintentional, failure to give any notice required by these Rules to be given to a Member Authority, associate member, the Chief Executive, or any other person does not invalidate the doing of any thing or the election of any person in respect of which the notice was required.

DISSOLUTION

L9. LGNZ may be voluntarily wound up in accordance with section 24 of the Incorporated Societies Act 1908.

DISPOSITION OF SURPLUS ASSETS ON DISSOLUTION

L10. In the event of LGNZ being wound up at an Annual General Meeting or a Special General Meeting without having passed a resolution directing the disposing of the assets then the assets, after the payment of LGNZ's liabilities and expenses of winding up, must be divided between the Member Authorities in proportion to the subscriptions paid by the Member Authorities immediately prior to the winding up.

L11. Any meeting called for the purpose of considering a winding up resolution pursuant to section 24 of the Incorporated Societies Act 1908 (or any statutory provision passed in amendment or substitution for that provision) must have placed before it any proposal or recommendation of the National Council relating to the disposition of the surplus assets of LGNZ.

L12. A meeting called for the purpose of considering a winding up resolution may, despite anything contained in these Rules (including any requirement for notice of the business to be conducted at such meeting) after considering any proposal or recommendation of the National Council, by resolution direct the disposal of the assets of LGNZ in such manner as the meeting thinks fit.


compliance
Significance	This matter is assessed as being of significant importance.
Options	This report identifies and assesses the following reasonably practicable options for addressing the matter: 1. To adopt the WMMP for consultation 2. To reject the WMMP for consultation, and provide guidance on next steps
Affected persons	The persons who are affected by or interested in this matter are the community, key stakeholders, council officers and elected members.
Recommendation	This report recommends option *OPTION 1* for addressing the matter.
Long-Term Plan / Annual Plan Implications	No implications
Significant Policy and Plan Inconsistencies	None